In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the validity of a Last Will and Testament or other estate documents purportedly executed by the alleged incapacitated person at or before the time the guardianship action was filed. In such cases, plaintiffs often claim that the Last Will and Testament.. read more →
In a decision that could have a big impact on all bloggers in New Jersey, a New Jersey trial judge ruled a self-declared “citizen watchdog” blogger has the same legal protections as a professional journalist. In re January 11, 2013 Subpoena by the Grand Jury of Union County, New Jersey, Prosecutor’s Docket No. 12 – 0001. Plaintiff,.. read more →
Continuing Care Retirement Communities (“CCRCs”) are considered “a viable choice for relatively healthy seniors with upper-middle-class or upper-class incomes.” Begley, T. and Barrett, C., Representing the Elderly or Disabled Client, ¶9.03 at 9-10 (Thomson Reuters 2013). As described in a GAO report entitled “Older Americans: Continuing Care Retirement Communities Can Provide Benefits, but Not Without.. read more →
When a party believes that the decedent’s estate was depleted prior to his or her death as a result of gifts allegedly made by the decedent, an improvident gift claim may be asserted. In contrast to testamentary dispositions, in which both a confidential relationship and suspicious circumstances are required to raise a presumption of undue.. read more →
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