Category

Estate Litigation
02
Dec

Criminal Conviction for Theft by Daughter who Withdrew Funds from Joint Account with Father Upheld

December 2, 2014
An appeals court in Maryland has upheld the criminal conviction of a daughter who withdrew...
16
Nov

PA Appeals Court Rules that Unlimited Gifting Authority in Power of Attorney Does Not Protect Agent from Criminal Liability for Self-Dealing

November 16, 2014
Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an...
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...
16
Sep

Because Right of Surviving Joint Owner to Multiple-Party Accounts Turns on Intent of the Decedent and Relationship of the Parties, Summary Judgment dismissal was Inappropriate

September 16, 2014
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013),...
15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

September 15, 2014
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
25
Aug

Doctrine of Laches Justifies Dismissal of Probate Lawsuit Against Executor, filed 5 Years after Release was Signed

August 25, 2014
In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23,...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
08
Jun

The Role of the Guardian ad litem in Probate Litigation

June 8, 2014
In general, an incapacitated person is to be represented in any litigation by a guardian,...
19
May

Determining Capacity in Seniors and the Disabled through “Observational” Assessment

May 19, 2014
Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a...
03
Sep

Appellate Division Rules Nursing Home Waived Right To Compel Arbitration In Defense Of Negligence Claim By Estate Of Former Resident

September 3, 2013
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...
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...
20
Jun

Comparing Probate And Non-Probate Assets

June 20, 2013
What is Probate? “Probate” is the name of the process which permits an Executor to...
14
May

Undue Influence

May 14, 2013
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of...
13
May

Lack of Testamentary Capacity

May 13, 2013
After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of...
28
Apr

Pre-Death Will Contests

April 28, 2013
In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the...
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,...
27
Feb

Appellate Division Affirms Probate Judge’s Reduction of Estate Litigation Contingent Fee Award

February 27, 2013
In Estate of Mendonca v. DaSilva, Docket No. A3515-11T2 (App. Div. Feb. 22, 2013), the...
16
Feb

Appellate Division Endorses Probate Judge’s Novel Use Of Equitable Remedy To Award Rescission Of “Payable-On-Death” Bank Account Designation

February 16, 2013
In Stephenson, Personal Representative of Estate of Murry v. Spiegle, Docket No. A-4193-11T2 (App.Div., January...
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