Category

Estate Litigation
10
Feb

Appellate Division Spares A Will Contestant Frivolous Litigation Sanctions And The Invocation Of An In Terrorem Clause, Despite Her “Fanciful” Claims

February 10, 2013
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey,...
28
Jan

The Effect Of Fraud On The Time Limits For Challenging Probate Or Administration

January 28, 2013
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1...
25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

January 25, 2013
Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
20
Jan

Filing A Will Contest: Time Limits

January 20, 2013
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
15
Aug

Unsuccessful Will Contestant Is Denied Counsel Fees

August 15, 2012
I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case...
13
Aug

After Years of Litigation, Unsuccessful Probate Plaintiff Is Denied Counsel Fees

August 13, 2012
In a case that can be seen as a warning to potential plaintiffs in probate...
02
Jul

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

July 2, 2012
In a published opinion, the New Jersey Appellate Division took a further step away from...
28
Jun

Can A Photocopy Of a Will Be Admitted To Probate In Place Of The Original Will?

June 28, 2012
Where an original last will and testament is lost or cannot be found upon the...
01
May

Claim of Surviving Joint-Owner of Estate Assets Can Be Defeated If Decedent Did Not Intend to Leave Assets to Survivor, or If a Confidential Relationship Existed

May 1, 2012
Aurelia DeFrank died on August 18, 2009, a resident ofMercer County, New Jersey. Although decedent’s...
01
Mar

Punitive Damages Awarded Based Upon Breach of Fiduciary Duty By Trustee

March 1, 2012
Verna and John Obermuller transferred their real property located in Brooklyn, New York to their...
27
Feb

Undue Influence Claim Defeated Where Contestant Fails To Establish “Confidential Relationship,” But Fees Are Apportioned Based Upon Accounting Issues

February 27, 2012
In September 2010, I blogged about the Matter of the Estate of Jewell B. Sykes...
06
Feb

Assertion Of Fee Claim In Trust Litigation Is Not Sufficient Reason To Justify Removal Of Guardian Ad Litem

February 6, 2012
On January 11, 2012, the Appellate Division considered In the Matter of the Inter Vivos...
19
Jan

Undue Influence Plaintiff Defeats Summary Judgment Despite Failure To Cite Facts In The Record To Oppose The Motion; But Certain Claims Are Dismissed For Failure To file An Affidavit Of Merit

January 19, 2012
In the December 13, 2011 Estate of Sano Chancery Division case, the decedent’s wife had...
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...
10
Oct

Appellate Division Declines To Extend Duty Owed By Estate Attorney To Omitted Family Member

October 10, 2011
In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by...
09
Aug

Guardian Removes Life Support From Terminally-Ill Patient Contrary To Wishes Of Health Care Proxy

August 9, 2011
At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman...
02
Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

August 2, 2011
I am presently involved in a lawsuit in which my clients, three adult children of...
14
Jul

Failure To Provide ‘Clear And Convincing Proof" of Decedent’s Intent Mandates Denial Of Action To Reform Trust

July 14, 2011
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the...
15
Jun

Intentionally Withholding Information In Mediation Will Not Invalidate The Resulting Settlement Agreement

June 15, 2011
A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate...
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