Category

Attorneys Fees
An illustration of NJ Supreme Court decision in which legal fees were denied for court-appointed attorney.
17
Jan

Supreme Court Ruling: Legal Fees were Properly Denied to Court-appointed Attorney and Temporary Guardian

January 17, 2025
In 2023, the New Jersey Superior, Court Appellate Division refused to order fee-shifting to Office...
Guardianship legal fees color illustration.
26
Jun

Legal Fees Denied to Court-appointed Attorney and Temporary Guardian

June 26, 2024
Appellate Division Affirms; Supreme Court of New Jersey Agrees to Hear the Case The Office...
09
Apr

Son Who Unduly Influenced Mother Could Be Appointed As Her Guardian; Evidence Did Not Support Court’s Change Of Beneficiary Designation On TOD Account; Counsel Fees Denied Because Litigation Was A “Fight Between Brothers”

April 9, 2017
In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death...
06
Feb

Legal Fees Denied in Estate Lawsuit Because Both Parties Responsible for Protracted Litigation Over Small Estate

February 6, 2017
Robert Grafer, Jr. was the executor of his mother’s estate. He and his sister Laura...
19
Dec

Court Permits Law Firm To Enforce Refunding Bonds To Satisfy Its Legal Fee Award

December 19, 2016
The defendant, William Lewis, was the administrator of his deceased mother’s estate. In connection with...
01
Aug

In Contested Guardianship Action, Counsel Fees Awarded to Plaintiff and Court-Appointed Guardian; Denied to Lawyer Hired by Alleged Incapacitated Person

August 1, 2016
Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking...
29
Apr

High Court Holds Attorneys May Be Liable for Counsel Fees If They Intentionally Breach Their Fiduciary Duty to Non-Clients

April 29, 2016
In a 3-2 ruling, the New Jersey Supreme Court decided that attorneys can be held...
30
Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016
In an appeal from a trial court’s decision to reduce the counsel fees sought by...
21
Mar

Court Orders Plaintiff to Pay All Fees in Withdrawn Contested Guardianship Case

March 21, 2016
A trial court ruled that the plaintiff, who brought but ultimately withdrew the complaint in...
22
Jan

Lawyer Awarded $350,000 Based On Negative Online Reviews Posted By Former Client

January 22, 2016
A Florida appeals court upheld a judgment of $350,000 in a lawsuit filed by a...
23
Dec

Lawyer Must Pay Legal Fees in Undue Influence Case

December 23, 2015
A lawyer who was found to have exerted undue influence over his mother must reimburse...
17
Apr

Attorneys Representing An Estate May Owe A Duty Of Care To Non-Clients Who Are Beneficiaries Of The Estate

April 17, 2015
The New Jersey appeals court reversed a trial court’s dismissal of a legal malpractice action...
27
Feb

New Jersey Pays $100,000 in Legal Fees in Federal Lawsuit Excluding VA Pension as Income for Medicaid

February 27, 2015
Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a...
29
Jan

Court Rejects Fee Application, Ruling Medicaid Applicant Who Won Preliminary Injunction Is Not Prevailing Party

January 29, 2015
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
01
Aug

Appeals Court Affirms Summary Judgment In Favor Of Plaintiffs In Will Contest Alleging Undue Influence

August 1, 2013
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee...
23
Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

July 23, 2013
Reversing state agency and appeals court rulings, the highest court of the State of Washington...
10
Feb

Appellate Division Spares A Will Contestant Frivolous Litigation Sanctions And The Invocation Of An In Terrorem Clause, Despite Her “Fanciful” Claims

February 10, 2013
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey,...
01
Feb

Appellate Division Decides Not To Decide Whether Guardian Can Be Held Personally Liable For Fees Of Court-Appointed Counsel For The Ward

February 1, 2013
In Matter of Rizzo, the son of an adjudicated incapacitated person appealed from a Chancery...
15
Jan

Court-Appointed Trustee Of Special Needs Trust Not Entitled To Fee Barred By Trust

January 15, 2013
A California appeals court ruled that a trial court inappropriately awarded trustee fees to the...
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