16 Sep 2014
September 16, 2014

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

Doctrine of Probable Intent, Elder Law, Estate Litigation, New Cases, Non-Probate Assets, Will Contests 0 Comment

In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013), a New Jersey appeals court reversed a trial court’s summary judgment dismissal of a case involving ownership of joint bank accounts. The Appellate Division reasoned that ownership turned on the intent of the decedent and the relationship of the parties,.. read more →

15 Sep 2014
September 15, 2014

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

Doctrine of Probable Intent, Elder Law, Estate Litigation, Handwritten Wills, Last Will and Testament, New Cases, Non-Probate Assets, Probate, Will Contests 0 Comment

In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31, 2013), the decedent left a handwritten will leaving his estate to his minor son, in trust, and nothing to his estranged wife. After his sister sought to admit the holographic will to probate, the estranged wife filed a caveat objecting.. read more →

14 Mar 2013
March 14, 2013

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

Doctrine of Probable Intent, Elder Law, Estate Litigation, Improvident Gifts, Litigation, New Cases, Trials, Undue Influence, Will Contests 0 Comment

Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County, New Jersey, set aside a decedent’s Last Will and Testament, ruling that the Will was the result of undue influence by one of her adult children who was the principal beneficiary of the will. In doing so, Judge Contillo made.. read more →

14 Jul 2011
July 14, 2011

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

Doctrine of Probable Intent, Estate Litigation, New Cases, Reformation, Taxation 0 Comment

In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the primary benefit of his wife and children in 2006. The life insurance trust was funded with a $2.5 million life insurance policy. Plaintiff, Lois Jean McLellan, the spouse of the decedent and mother of two of decedent’s four children, was.. read more →

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