Business & Commercial Law
New Jersey Law Blog
Voting by Proxy Actually Requires a Proxy
Posted in Business & Commercial Law
The bylaws of most community associations permit members to vote “in person” or “by proxy.” Voting “in person” means just what it sounds like: a member attends a meeting and casts their vote while physically in attendance. But what does voting “by proxy” mean? Black’s Law Dictionary defines a “proxy”… Continue reading
The Proper Venue for Filing a Will Contest
Posted in Business & Commercial Law
If a party has decided that it would like to Contest a decedent’s Will, the next question that arises concerns the appropriate venue to file the Will Contest. The general rule, as set forth by Rule 4:80-1(c), is that a Will Contest must be commenced in the State and County… Continue reading
Time to File a Will Contest
Posted in Business & Commercial Law
In general, the time limitation to file a lawsuit in the State of New Jersey is quite lengthy. For instance, an action related to a Breach of Contract matter would extend for six years from the date of the breach, whereas a Personal Injury matter may be filed two years… Continue reading
What Can I Do If An Executor Abuses the Estate?
Posted in Business & Commercial Law
If an Executor fails to properly administer an estate, it can have severe repercussions for the beneficiaries. An Executor has broad authority to control all aspects of an estate. When an Executor acts improperly, it can delay settlement of the estate and diminish the value of the estate’s assets. If… Continue reading
Custody and the Psychological Parent
Posted in Business & Commercial Law
As far as families are concerned, there is a long-standing legal principle which generally permits parents to raise their children as they see fit without governmental interference. While that typically remains true, our courts are also granted inherent “parens patrie” authority, by which they are charged to protect the welfare… Continue reading
New Jersey Supreme Court Holds That Trial Courts May Order the Disgorgement of “Faithless Employee’s” Compensation
Posted in Business & Commercial Law
Recently, the New Jersey Supreme Court decided an important case that further protects employers from disloyal or “faithless” employees. The central issue in Kaye v. Roseflelde is whether “a Court may order the equitable remedy of disgorgement of an employee’s compensation when the employee has breached their duty of loyalty to… Continue reading
Emancipation of Children for the Purposes of Child Support Obligations
Posted in Business & Commercial Law
Emancipation is the process by which a minor is legally freed from control by their parents or guardians, and the parents or guardians are legally freed from any and all responsibility toward the child. In family law, emancipation most often occurs in the context of child support obligations. A child… Continue reading
Emancipation of College Students and College Contributions
Posted in Business & Commercial Law
In a previous blog, the process of emancipation in New Jersey was discussed, which included the various factors a court considers when determining whether or not a child should be emancipated. A common issue is the emancipation of college-age children, because children in college are likely to be over the… Continue reading
The Life Cycle of a Revaluation (And What You Need to Know About It)
Posted in Business & Commercial Law
The purpose of this alert is to give an overview of a revaluation program in New Jersey, and also provide the taxpayer with information that should help mitigate potentially adverse affects of a new assessment. A revaluation is a program conducted by an outside appraisal firm that is designed to… Continue reading
The Importance of Cohabitation Agreements
Posted in Business & Commercial Law
In today’s society, many couples choose to live together rather than get married. This growing trend has become more common in recent years than ever before. There are a variety of possible reasons why couples choose to live together rather than get married. One factor that is likely considered is… Continue reading