Category

Estate Litigation
A government tax-collector tries to collect at a grave site.
27
Feb

Does New Jersey Still Have Death Taxes?

February 27, 2025
Besides the Federal estate tax, there used to be two separate New Jersey State taxes...
Illustration of legal concept: last will and testament
07
Feb

Last Will and Testament May be Construed to Create a Testamentary Trust, Even if the Term “Trust” Does Not Appear in the Will

February 7, 2025
A husband and wife, Peter and Nghia, executed Wills on the same day, and both...
Divorced widow at ex-husband's grave site.
04
Feb

Supreme Court Ruling: Despite Divorce, Ex-wife is Entitled to Decedent’s Bonds Based on “POD” Designation

February 4, 2025
The New Jersey Supreme Court issued a ruling on January 27, 2025 that affirmed, as...
Designation of will beneficiaries illustration.
19
Oct

Think Your Will Governs Who Gets Your Estate? Check Your Beneficiary Designations!

October 19, 2024
When most people think of their “estate plan,” they think of their Wills. And it...
Parents with three adopted children illustration.
14
Oct

Can Adult Adoptees Be Beneficiaries of a Trust Created for “Adopted Children”?

October 14, 2024
The “Stranger to the Adoption” Doctrine Bars Adult Adoptee from Receiving a Class Gift Held...
Lost in thought, widow stares out the window, looking quite sad, illustration.
06
Sep

Chancery Court Denies Widow’s Request to Compel Sale of Certain Estate Assets to Her

September 6, 2024
The decedent’s surviving spouse Deborah had previously filed a probate lawsuit under New Jersey Statute...
Color illustration of divorce proceedings.
21
Aug

Despite Divorce, Ex-wife is Entitled to Decedent’s Bonds Based on “POD” Designation

August 21, 2024
Prior to his death, the decedent (Michael) and his wife (Jeanine) had divorced and entered...
Color illustration of husband/father's grave visited by wife and daughter.
30
Jul

Inheritance and Marriage: What is a “Surviving Spouse”?

July 30, 2024
Under New Jersey law, if a decedent dies without a valid will, his or her...
04
Jun

In Probate Litigation, Fraud Claims Dismissed; Complaint “Did Not Even Suggest A Basis For The Requested Relief” 

June 4, 2017
Plaintiff Neil Epstein sued Barbara Epstein Petka, claiming that, as a result of her fraud...
09
May

Donald D. Vanarelli, Esq. to Present at the “2017 Sophisticated Elder Law” Seminar

May 9, 2017
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the “2017 Sophisticated Elder Law” seminar given...
01
May

In Litigation Over Lost Will, Appeals Court Remands Case, Ruling Decedent May Have Destroyed Will With Intent To Revoke It

May 1, 2017
Before his death, Arthur Zito was the subject of a contested guardianship litigation, in which...
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...
27
Feb

Summary Judgment Appropriate in Probate Lawsuit Involving Allegations of Incompetency and Undue Influence

February 27, 2017
The Appellate Division affirmed a summary judgment ruling by a trial court in a probate...
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...
27
Sep

Summary Judgment Reversed: Claim That Lifetime Transfers Were Made To Avoid Decedent’s Obligations To Daughter Under Divorce Agreement Can Proceed

September 27, 2016
When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent...
19
Sep

Father’s Transfer To Son’s Business Was An Investment, Not A Gift; Therefore, The Father’s Estate Has An Ownership Interest In The Business

September 19, 2016
The decedent, Byung-Tae Oh, was a citizen and resident of the Republic of Korea. His...
13
Sep

Wife’s Death, After Executing Property Settlement Agreement But Before Final Divorce, Constitutes Waiver of Husband’s Right To Inherit

September 13, 2016
A few months prior to her death, Basabadatta Pattanayak and her husband Sandeep Srinath executed...
15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

August 15, 2016
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
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...
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