Category

Estate Litigation
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...
01
Mar

Adult Child Uses Senior Divorce to Contest Estranged Parent’s Last Will and Testament

March 1, 2016
Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had...
17
Feb

Gifts that Strip the Donor of Virtually All His Assets, and Gifts to a Donee on Whom the Donor Depends Indicate Undue Influence

February 17, 2016
In this case, the New Jersey Supreme Court held that gifts giving rise to a...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
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...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
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...
23
Dec

Lawyer Must Pay Legal Fees in Undue Influence Case

December 23, 2015
A lawyer who was found to have exerted undue influence over his mother must reimburse...
21
Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

December 21, 2015
In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...
07
Dec

Appellate Division Rejects Surviving Spouse’s Claim To Life Insurance Proceeds

December 7, 2015
In this case, a surviving spouse’s claim to her deceased spouse’s life insurance proceeds was...
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