Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s Angels Home Healthcare and Angela’s Angels, LLC. Keppel died intestate. Dolores Guttmann and Thomas Loikith were appointed co-administrators of his estate. Guttmann and Loikith discovered that Thomas misappropriated 192 checks from Louis Keppel over a two-year period. In that regard,.. read more →

A power of attorney does not have to return money she took from her now deceased principal because the power of attorney removed the money for Medicaid planning purposes. In re Estate of Hirnyk (Pa. Super. Ct., No. 84 WDA 2018, April 16, 2019). Maria Hirnyk, a Ukrainian immigrant, did not drive and required assistance with.. read more →

After Mrs. Dreher died and her son probated her will, her daughter filed a complaint objecting to the probate. The plaintiff claimed that the will was the product of undue influence, and that her mother lacked testamentary capacity to sign the will. After four days of trial, the parties settled the case, and the terms.. read more →

The decedent’s daughter-in-law and grandchildren filed an action seeking to set aside the decedent’s 2016 will that disinherited them, and to admit a prior will and codicil. They claimed that the decedent lacked testamentary capacity to make the 2016 will, and that the decedent’s daughter had exercised undue influence to cause the decedent to disinherit.. read more →

Wayne Lippincott’s widow Anne probated a will dated two days before his death in 2015. The couple had been married 28 years, and each had grown children from prior marriages. Wayne’s children and grandchildren challenged the will, claiming undue influence, lack of capacity, forgery, and failure to comply with the formalities of execution. They sought.. read more →

Harry and Jean Sable were the parents of three adult sons, Michael, Don and Barry. Harry and two partners owned a building in Philadelphia where Harry conducted Harry Sable, Inc., a jewelry business. Harry and Jean had wills prepared in 1994 and 1998 with similar provisions. Harry left his entire estate to Jean if she.. read more →

The decedent, Kathryn Parker Blair, had executed a will bequeathing her estate to her siblings and directing that, if any of her siblings predeceased her, that sibling’s share would pass to his or her surviving children. After her brother died, the decedent executed a new will omitting the brother’s child (“petitioner”) as a beneficiary. The.. read more →

The decedent’s wife predeceased him. Thereafter, in 2009 the decedent executed a new will leaving his estate to his wife’s niece (the defendant). At the defendant’s suggestion, the decedent also executed a revocable living trust. Shortly thereafter, he became concerned about losing control of his assets, and he retained a new lawyer to draft a.. read more →

Anthony F. Cordasco and his wife, Louise, were living in a condominium when Louise became ill in late 2012. The Cordascos decided to sell the condominium and move in with their daughter, Roseann Altiero, who agreed to care for Louise. Anthony and Louise signed a listing agreement in January 2013 and placed the condominium on.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

Karen Horbatt was Theodore A. Kaczmarek’s niece by marriage. After Karen’s aunt died, Theodore executed a will in 2009 leaving Karen his entire estate, valued at over four million dollars. At the same time, Theodore executed a revocable living trust agreement, designating Karen as the sole trustee. Both documents were drafted by a lawyer procured.. read more →

The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but they reconciled shortly before her death, when the decedent was ill. In 1996, the decedent and her husband had executed wills and a trust, excluding Cheryl from their estates. In 2006, the decedent and her husband consulted with a special.. read more →

Robert B. Cohen was a man of “great wealth.” At the time of his death at age 86, he had suffered for years from a progressive form of Parkinson’s disease. His son James filed a complaint to declare that Cohen’s 2009 will, as later modified, was valid. In turn, Cohen’s granddaughter Samantha filed a complaint.. read more →

It’s not always easy to recognize elder abuse when it happens to someone you love or care for. There are several types of elder abuse: Physical Abuse – An act, rough treatment or punishment that may result in injury, pain or impairment Psychological Abuse – Psychological, verbal or emotional abuse causing suffering, emotional pain, or distress.. read more →

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →

Edna M. Fone, a widow, had two children, Richard J. Fone, Jr. and Katherine Fone. Following Edna’s death, Richard sought to probate a 2009 Will allegedly signed by Edna which omitted Katherine as a beneficiary. In response, Katherine filed a lawsuit, seeking to invalidate the purported Will, alleging Richard had exerted undue influence over their.. read more →

Although the decedent had four children, she left her entire estate to two of the children. However, the will did not mention her two omitted daughters, or the fact that they were being omitted. One of the omitted daughters sued, claiming the will was the result of undue influence or lack of testamentary capacity. The.. read more →

The decedent, Alfred Finocchiaro, Sr., died in 2011, predeceased by his wife. The decedent had two sons (Alfred Jr. and Frank) and a daughter. His son Alfred Jr. had predeceased him, having committed suicide on December 29, 2006. The decedent’s daughter survived him, but died before the trial in this case began. The decedent resided.. read more →

In this will contest, plaintiffs were named as residuary beneficiaries in the Last Will and Testament which the decedent, Charles W. Winter, Jr., executed in 1999. Plaintiffs were all cousins of the decedent. The three defendants also shared close personal and/or family relationships with the decedent. In a new Last Will and Testament executed on.. read more →

In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death (“TOD”) account where he worked. Dwight was designated as the sole beneficiary of the account. In 2005, Evelyn signed a power of attorney (“POA”) naming Dwight as her agent. In 2008, she signed a will naming Dwight as her executor.. read more →

The Appellate Division affirmed a summary judgment ruling by a trial court in a probate lawsuit involving disputed issues of material fact relating to alleged incapacity and undue influence. In the Matter of the Estate of Tornaben, New Jersey Superior Court, App. Div., Docket No. A-5181-14T4 (Sept. 27, 2016). The Essex County Surrogate admitted the.. read more →

When Helen Weste died in 2010, she was divorced with no children. In 1994, she had executed a will leaving her estate to charities and nieces and nephews. In 2001, Helen’s health began to fail. In April 2002, family members contacted her ex-husband (who was agent under her power of attorney), and he flew in.. 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 →

A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy for work preformed by law firm in a probate litigation when representing the estate of a man manipulated into modifying his will through undue influence because the wrongdoer’s actions contributed to, and greatly increased, the time and effort required to.. read more →

Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a decision, to retain the information relevant to the decision, to use the information relevant to the decision as part of the decision-making process and to communicate the decision once it is made. But since decision-making capacity involves mental abilities, how.. read more →