February 04, 2013
January 14, 2013
January 14, 2013
January 14, 2013
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Kates Nussman Rapone Ellis & Farhi, LLP
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Challenging a Will on Competency Grounds
It’s a fact of life that at some point, you may be named in a loved one’s will. You may imagine that you’ll be left with a portion or share of that person’s estate, a “piece of their pie.” But what if your share is smaller than you thought – or it there’s nothing at all? If so, there’s a possible legal remedy. You can object to the will, or in legal terms, contest it. Here are some questions you need to ask:
Trying to Disinherit a Child? Better Leave a Letter!
Imagine your feelings if you were left out of a parent’s will while your siblings were not? Well, if you are Sam or Carol Pennella, you don’t have to imagine it, because it happened.
Sam and Carol faced this situation in In the Matter of the Probate of the Alleged Will of Joan Pennella, recently litigated in Bergen County, New Jersey. In a case that would make any sibling jealous, the late Joan Pennella deliberately left two of her children, Sam and Carol, out of her will, while leaving equal shares of her estate to her other five children. Sam and Carol sued, claiming that their mother Joan was not of “sound mind and competent” to create such a will and that she was “unduly influenced” was under mental, moral or physical exertion) by their brother Carl.
Growing number of insurance claims filed from Hurricane Sandy
The number of insurance claims filed in the wake of super-storm Sandy continues to grow. Federal Emergency Management Agency (FEMA) has reported a whopping 140,000 claims since the storm. However, a property owner’s efforts to get a recovery can potentially become a catastrophe all its own. There are a number of hurdles for policyholders already. For example, if Sandy had been classified as a hurricane, a “hurricane deductible” would kick in. A hurricane deductible is popular in many insurance policies and requires the first percentage amount of the damage to be paid by the policyholder (i.e. For a 15% deductible of $100,000 of damage, the policyholder must pay the first $15,000 worth of damage before receiving compensation). Luckily, state officials in several states slyly termed Sandy as a “tropical storm” instead of a hurricane to avoid the deductible.
Is "Virtual Visitation" A Solution To Child Custody Disputes?
Fights over child custody and parenting time in divorce cases continues to be a difficult issue in New Jersey’s Family Courts. And “virtual visitation” is a recent addition to the traditional remedies and problems. But overall, modern technology can greatly enlarge the range of solutions in these disputes.
"Virtual visitation,” also called Internet visitation, means the use of e-mail, instant messaging, webcams, and other Internet tools to provide regular contact between a non-residential parent and his or her child or children. While it is not intended to replace in-person visitation, it can supplement it, to foster better parent-child relationships. It can potentially increase parental presence in the lives’ of children.
Virtual Holograms Create a Real Intellectual Property Dilemma
As technology improves, the field of Intellectual Property is struggling to catch up. A recent article details how a new innovation in hologram technology is poised to generate a groundbreaking legal controversy in IP law.
At the annual Coachella Music Festival in California this year, the deceased rapper Tupak Shakur made a public performance- as a 3-D hologram. While a dead rapper appearing as a hologram may seem amusing, the technology used to create the performance will likely revolutionize IP law. Creating a hologram of a celebrity is creates a vast array of potential IP issues, including everything from right of publicity to copyright disputes. Read more.....(Please link the ‘Read More’) to this article.