In McDermott-Guber v. Estate of McDermott, parents deeded a one-half property interest in a vacant parcel to their daughter in 1986. The daughter and her husband began building a home on the property. According to the daughter, after her father died and left her mother as the sole owner of the remaining one-half interest, her.. read more →

When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent estate to his second wife and her nephew. Although he and his second wife had a son, his will explicitly left no bequest to that son. The second wife claimed that the decedent’s extensive health problems had depleted the estate.. read more →

The decedent, Byung-Tae Oh, was a citizen and resident of the Republic of Korea. His youngest son, Hyung Kee Oh, owned B & H Consulting, a New Jersey limited liability company. Before his death, the decedent had transferred $900,000 into B & H’s bank account. Following the decedent’s death, his oldest son, Won Ki Oh.. read more →

New Jersey appeals court ruled a surviving spouse failed to prove that her deceased spouse made an enforceable gift based on the deceased spouse’s failure to deliver the gift during his life to the survivor. Matter of the Estate of Herenchak, 2015 N.J. Super. Unpub. 2014 WL 9868901 (N.J. Super. Ct. App. Div. June 8,.. read more →

In order to protect the public and and guard against elder abuse by lawyers, the New Jersey Supreme Court suspended an attorney from the practice of law for one-year after the attorney borrowed nearly $90,000 from an elderly, unsophisticated widow who he knew for many years. In the Matter of William J. Torre, an Attorney.. read more →

In 1997, the decedent, Kathleen Boyer, executed a Last Will and Testament and a revocable trust. In the will, she directed that her residuary estate “pour over” into the revocable trust upon her death. She named herself as trustee of the revocable trust and, although she retained complete control of the trust assets during her.. read more →

Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005 will admitted to probate. When Hall’s sister, Carol Polak-Reid (“Reid”) filed a complaint alleging that their mother had executed another will in 2011, Hall represented that she had attempted to have the 2011 will admitted, but the surrogate had rejected.. read more →

Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following Mr. Fishbein’s death, Mrs. Fishbein executed a pour-over will, an advance directive naming her stepdaughter Leslie as her healthcare representative, and a power of attorney naming her nephew Eugene as her agent. In 2011, Mrs. Fishbein fractured her hip and.. read more →

Following the decedent’s death, one of his three children applied for summary administration of the estate pursuant to N.J.S.A. 3B:10-4, which governs intestate estates that do not exceed $10,000. More than two years later, the estranged wife of one of the decedent’s children filed an action for probate, claiming that there was a 2005 will.. read more →

Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee had been very ill for many years and was cared for by her husband. After her husband died in 2001, Rosemary Walsh, a neighbor, became Renee’s caretaker and served as her agent under a financial power of attorney and medical.. read more →

When a party believes that the decedent’s estate was depleted prior to his or her death as a result of gifts allegedly made by the decedent, an improvident gift claim may be asserted. In contrast to testamentary dispositions, in which both a confidential relationship and suspicious circumstances are required to raise a presumption of undue.. read more →

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 →

  Several weeks ago, on Sunday, November 20th, I was a guest on The Caring Generation, a radio show airing on 630 KHOW-AM, a Talk Radio Station broadcasting from Denver, Colorado, and on the internet. The show is hosted by Pamela D. Wilson, who identified herself as the “Care Navigator.” The Caring Generation is about.. read more →

Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children who were co-executors of the decedent’s estate. The decedent’s daughter, Daryl, brought the lawsuit, alleging that, while the decedent, Mildred B. Trocolor, was alive, the defendants, her brother Robert and his wife, Genevieve, stole substantial sums of money from the.. read more →

Most of the cases discussed on this blog (and, I suspect, on most blogs which spotlight developments in the law) focus principally on decisions issued by the higher-level courts, the appellate courts and the supreme court of the state.  However, the majority of court decisions in New Jersey and other states are issued by trial.. read more →

In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered the circumstances in which it is appropriate to award punitive damages against a party in a court proceeding who has engaged in undue influence in the creation of a will or testamentary trust, or in improperly securing an gift of.. read more →