Category

Estate Litigation
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In a September 30, 2011 unpublished opinion, our Appellate Division considered the duty owed by...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...
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,...
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