Category

Estate Litigation
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...
15
Feb

Supreme Court OKs Payment Of Pension Benefits To Designated Ex-Spouse Beneficiary Despite Her Waiver Of Rights To Pension In Divorce Judgment

February 15, 2009
A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are...
05
Feb

Executor Can Impose Trust To Prevent Surviving Spouse's Unjust Enrichment

February 5, 2009
An executor may block a surviving spouse’s attempts to withdraw assets from a decedent’s estate...
30
Jan

NJ Appellate Court Holds That Mere Friction Or Hostility Between A Beneficiary And A Trustee or Executrix Is Not Sufficient Grounds For Removal Of A Fiduciary

January 30, 2009
In an unpublished opinion, the Superior Court, Appellate Division, reversed a trial court’s judgment summarily...
06
Oct

NJ Appeals Court Allows Limited Disclosure of Notes by a Psychiatrist in Case Challenging Creation of a Supplemental Needs Trust

October 6, 2008
A New Jersey appeals court overturned the dismissal of a lawsuit alleging that the defendants...
12
Aug

Study Finds That Settling A Lawsuit Is Better Than Going To Trial In the Vast Majority Of Cases

August 12, 2008
A part of my practice involves mediation and collaborative legal practice. Both mediation and collaborative...
25
Jul

NJ Supreme Court holds that punitive damages are not ordinarily permitted in an estate litigation or will contest even when the proponent of the will has engaged in egregious behavior resulting in undue influence

July 25, 2008
In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered...
15
May

Recent Cases – Will Interpretation

May 15, 2008
In McAuliffe vs. Benish, Superior Court of New Jersey, Appellate Division, plaintiffs, the adult daughters...
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