Category

Doctrine of Probable Intent
16
Mar

To Be Legally Enforceable, An Alleged Gift Must Be Delivered To The Recipient

March 16, 2016
New Jersey appeals court ruled a surviving spouse failed to prove that her deceased spouse...
17
Feb

Gifts that Strip the Donor of Virtually All His Assets, and Gifts to a Donee on Whom the Donor Depends Indicate Undue Influence

February 17, 2016
In this case, the New Jersey Supreme Court held that gifts giving rise to a...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
11
Jan

Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions

January 11, 2016
Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
16
Sep

Because Right of Surviving Joint Owner to Multiple-Party Accounts Turns on Intent of the Decedent and Relationship of the Parties, Summary Judgment dismissal was Inappropriate

September 16, 2014
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013),...
15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

September 15, 2014
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
14
Mar

Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life

March 14, 2013
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County,...
14
Jul

Failure To Provide ‘Clear And Convincing Proof" of Decedent’s Intent Mandates Denial Of Action To Reform Trust

July 14, 2011
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the...

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