Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

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In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...

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...

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...

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...

May

Undue Influence

May 14, 2013

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

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...

Apr

Pre-Death Will Contests

April 28, 2013

In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the...

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...

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,...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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