Breach of Fiduciary Duty – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

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....

Jul

Appellate Court Affirms Admission of Will to Probate, Rejecting Lack of Capacity and Undue Influence Claims

July 18, 2016

When Helen Weste died in 2010, she was divorced with no children. In 1994, she...

May

Damages and Counsel Fees Against Trustee Affirmed, and Co-Trustee Not Liable for Failing to Stop Trustee’s Misconduct

May 30, 2016

The decedent, Evelyn Berry, had been married twice. At the time of her death, the...

Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

October 19, 2015

Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...

Dec

Criminal Conviction for Theft by Daughter who Withdrew Funds from Joint Account with Father Upheld

December 2, 2014

An appeals court in Maryland has upheld the criminal conviction of a daughter who withdrew...

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...

Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013

Justice Laura L. Jacobson, a New York trial judge, held that a trustee of a...

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...

Mar

Punitive Damages Awarded Based Upon Breach of Fiduciary Duty By Trustee

March 1, 2012

Verna and John Obermuller transferred their real property located in Brooklyn, New York to their...