NJSBA Family Law Section

Listmates - I've been approached by a colleague who represents the live-in girlfriend of a man who died unexpectedly. We don't know if there is a will, if she is a beneficiary of a will or of any insurance or other asset. Decedent's relatives want her out of the house. If she has an action in Probate Part she would not receive relief for approximately a year. My colleague asked me if she could make a motion in Family Part for temporary support. My reading of the interplay of the Statute of Frauds - N.J.S.A. 25:1-5(h) - and Rule 5:6 is that she would not be a "party entitled" to support as any promise, express or implied, to provide for her support would be unenforceable if not in writing.

Does anyone have a contrary view? Anything I'm missing here?

Many thanks,

Megan

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C. Megan Oltman Esq.
Princeton NJ
(609) 924-2044
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Original Message------

Listmates - I've been approached by a colleague who represents the live-in girlfriend of a man who died unexpectedly. We don't know if there is a will, if she is a beneficiary of a will or of any insurance or other asset. Decedent's relatives want her out of the house. If she has an action in Probate Part she would not receive relief for approximately a year. My colleague asked me if she could make a motion in Family Part for temporary support. My reading of the interplay of the Statute of Frauds - N.J.S.A. 25:1-5(h) - and Rule 5:6 is that she would not be a "party entitled" to support as any promise, express or implied, to provide for her support would be unenforceable if not in writing.

Does anyone have a contrary view? Anything I'm missing here?

Many thanks,

Megan

------------------------------
C. Megan Oltman Esq.
Princeton NJ
(609) 924-2044
------------------------------

Original Message------

Megan,

  Read the 2014 NJ Supreme Court Case Maeker v. Ross for information about the retroactivity of the Statute of Frauds modification as it relates to palimony claims.

Ed

 

* * *

Edward J. Zohn, Attorney at Law

Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

908.791.0312 office; 908.428.7988 direct; 908.660.4866 fax

"Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

www.zohnlaw.com

 

Original Message------

Thanks Ed – yes, I read Maeker v. Ross – unfortunately this relationship is less than 3 years old so no grandfathering in under Maeker.

 

 

C. Megan Oltman

Oltman Law & Mediation

475 Wall St

Princeton, NJ 08540

http://moltmanlaw.com

(609) 924-2044