Heather J Darling's Legal Cases (4)

Probate

DNA Prevails Despite Current Policies Favoring Individual Choice

Oct 14, 2018

OUTCOME: DNA is determinative of inheritance, despite lifestyle and representations.

Mentally incompetent man fathered child and later, upon deathof the incompetent, the child, proven by DNA during the ensuing proceedings, appeared at the funeral, yet unknown to the family, seeking the ... proceeds of the estate. No will existed and would have been invalidated if it had due to the father's incompetence. The son appointed a significant amount of assets to himself and failed to manage other assets while serving as temporary administrator.

Contracts and agreements

Breach of Contract

Apr 11, 2014

OUTCOME: The matter was settled with the tenant paying only the past due rent owing at the time they vacated the premises.

As a result of economic changes and substantial incidental costs added by the landlord, a business was no longer able to meet its rental obligations. The landlord sued for past due balance and rent th ... rough the remaining lease term seeking total damages of over $1,500,000. The defense was based upon the landlord's failure to mitigate damages.

Family

Same-Sex Parenting Time

Dec 06, 2013

OUTCOME: Substantial parenting time awarded to the non-birth mother

2 women had a child together prior to Civil Unions or Marriage Equality in NJ. The non-birth mother never adopted the child. The birth mother excluded the non-birth mother from the child's life upon ... the dissolution of their relationship.

DUI and DWI

DUI Operation

Nov 14, 2013

OUTCOME: Not Guilty

Anonymous caller reported a DUI. Police responded to find an individual sleeping in the driver's seat with the keys in the vehicle and upon waking them, found the individual to be intoxicated and issu ... ed DUI charges.

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