Category

Improvident Gifts
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...
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...
14
Mar

NJ Attorney Suspended for Arranging Improper Loan from Elderly Widow

March 14, 2016
In order to protect the public and and guard against elder abuse by lawyers, the...
04
Feb

Appellate Division Affirms Trial Court’s Refusal To Set Aside Deeds Executed By Decedent

February 4, 2016
In 1997, the decedent, Kathleen Boyer, executed a Last Will and Testament and a revocable...
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...
19
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...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
01
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...
01
Apr

Improvident Gifts Made During A Decedent’s Lifetime

April 1, 2013
When a party believes that the decedent’s estate was depleted prior to his or her...
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,...
04
Dec

Podcast of Guest Interview on The Caring Generation, An Internet Radio Show

December 4, 2011
  Several weeks ago, on Sunday, November 20th, I was a guest on The Caring...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
25
Jul

NJ Supreme Court holds that punitive damages are not ordinarily permitted in an estate litigation or will contest even when the proponent of the will has engaged in egregious behavior resulting in undue influence

July 25, 2008
In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered...

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