Category

Estate Litigation
06
Jun

Co-Executors Of New Jersey Estate Must Act In Concert; Unilateral Action By Co-Executor May Constitute Grounds For Removal

June 6, 2011
A New Jersey court has held that a co-executor’s “unbridled belief she could act unilaterally...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
28
Mar

Clear Evidence Of Testamentary Intent Prevails Over Formalities Governing Will Formation: Handwritten Notations On A Letter Constitute A Valid Will

March 28, 2011
Superior Court Judge Walter Koprowski, Jr. ruled on February 1, 2011 that handwritten notations on...
16
Mar

Eccentricity Does Not Invalidate An Otherwise Valid Holographic Will

March 16, 2011
The validity of a 1977 alleged holographic will was at issue in the Estate of...
06
Mar

Once An Objection Is Filed To The Probate Of An Unwitnessed Will Revision, A Trial Must Be Conducted To Determine The Decedent's Intent

March 6, 2011
The decedent, William Walb Jr., executed a will in January 2003, in compliance with the...
14
Feb

Contested Guardianships

February 14, 2011
I.          INTRODUCTION   Guardianship actions may be contested by the alleged incapacitated person him/herself, or...
24
Jan

Doctrine of Probable Intent Cannot Be Used to Create Special Needs Trusts for Intestate Decedent

January 24, 2011
In a published decision, the Superior Court of New Jersey, Appellate Division, ruled that a...
02
Jan

Top Ten (10) New Jersey Probate Litigation / Will Contest Cases in 2010

January 2, 2011
I compiled my selections for the top ten (10) New Jersey estate and probate litigation...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
05
Nov

Failure To Treat Children Equally Is Insufficient Grounds To Set Aside A Will For Lack Of Capacity Or Undue Influence

November 5, 2010
As an elder law attorney, I receive many inquires from potential clients asking me to...
01
Oct

A Draft Will That Was Not Reviewed By The Client Before Death Cannot Be Admitted To Probate

October 1, 2010
In New Jersey, a document may be accepted for probate as a will in a...
15
Sep

Family Ties Do Not Create A “Confidential Relationship” Sufficient To Invalidate A Will Based On Undue Influence

September 15, 2010
The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption...
11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

September 11, 2010
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
28
Jun

NJ Court Holds That Documents, Though Unsigned, Undated, And Neither Witnessed Nor Notarized, May, Nevertheless, Be Admitted To Probate As A Valid Last Will And Testament

June 28, 2010
In the case entitled In the Matter of the Estate of Ronald M. Denner, Superior...
28
Jan

NJ Appellate Court Rules That Awarding Attorneys Fees To The Wrongdoer In An Undue Influence Case Is An "Abuse Of Discretion"

January 28, 2010
In the recent case of Rossius v. Krasheninnikoff, plaintiff filed a complaint in which she...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
05
Nov

New Jersey Appeals Court Finds That The Entire Controversy Doctrine Applies To Pro Se Litigants

November 5, 2009
The entire controversy doctrine requires litigants in a lawsuit to assert all claims that each...
01
Jun

Preventing Future Challenges To Your Estate Plan

June 1, 2009
When developing your estate plan, it is important to recognize the possibility that, after your...
01
Apr

Intentionally Omitting Children From Your Will

April 1, 2009
If a client chooses not to leave his estate equally to his heirs, or even...
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