Category

Estate Litigation
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. (http://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...
18
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...
13
Jun

Child Support Order May Survive Father’s Death And Trump Father’s Attempts To Disinherit Child

June 13, 2016
The decedent, Keith R. O’Malley, was the father of two children from two different relationships....
30
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...
19
Apr

Husband’s Extramarital Affairs Result in Forfeiture of Intestate Share of Wife’s Estate

April 19, 2016
Pennsylvania Superior Court ruled that a husband’s separation from his wife and subsequent extramarital affairs...
11
Apr

Court Dismisses Legal Malpractice Suit For Failure To Assert Unjust Enrichment Claim In Earlier Undue Influence Case

April 11, 2016
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming...
30
Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016
In an appeal from a trial court’s decision to reduce the counsel fees sought by...
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...
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