As an elder law attorney, I receive many inquires from potential clients asking me to evaluate a potential lawsuit against a sibling involving a deceased parent’s estate plan. The claim typically seeks to set aside a deceased parent’s will as invalid, the result of undue influence by a sibling. Typically, the potential client seeking a.. read more →
In New Jersey, a document may be accepted for probate as a will in a number of ways. First, under the formal requirements of N.J.S.A. 3B:3-2(a), a traditional will shall be (1) in writing; (2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and at.. read more →
The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption of undue influence) was examined by the New Jersey Appellate Division in Matter of the Estate of Jewell B. Sykes, N.J. App. Div. No. A-1109-09T2 (Aug. 19, 2010). In Sykes, the decedent’s daughter/co-executor (“Evelyn”) challenged the validity of two leases.. read more →
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they face in In Re Buscavage, N.J. App. Div. No. A-6041-08AT3 (Aug. 25, 2010). Buscavage involved a challenge to trust amendments made by the decedent, Joseph Buscavage, in the final year of his life, which favored certain members of his family,.. read more →
Most of the cases discussed on this blog (and, I suspect, on most blogs which spotlight developments in the law) focus principally on decisions issued by the higher-level courts, the appellate courts and the supreme court of the state. However, the majority of court decisions in New Jersey and other states are issued by trial.. read more →
In the case entitled In the Matter of the Estate of Ronald M. Denner, Superior Court, Chancery Division, Union County, Docket No. 0 – 3474 (Hon. Thomas N. Lyons, J.S.C., February 28, 2006), The Court held the three documents, though unsigned, undated, and neither witnessed nor notarized, may, if properly proven, be admitted to probate.. read more →
In the recent case of Rossius v. Krasheninnikoff, plaintiff filed a complaint in which she alleged undue influence by the defendant upon the decedent after she discovered that defendant had obtained letters testamentary from the Ocean County Surrogate’s Court by falsely claiming that he was kin to the decedent. After a three day trial, the.. read more →
The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing a bumper crop of significant decisions from the administrative forum, as well as state and federal courts. In stark contrast with years past, New Jersey lawyers are now in the forefront of the effort to expand legal protections to greater.. read more →
The entire controversy doctrine requires litigants in a lawsuit to assert all claims that each party might have against the party in a single lawsuit. R. 4:30A The doctrine is intended to prevent fractionalized litigation. There are three reasons for the doctrine: (1) the need for complete and final disposition through the avoidance of piecemeal.. read more →
When developing your estate plan, it is important to recognize the possibility that, after your death, that plan could be challenged by those who expected more favorable treatment from you under your Last Will and Testament. For example, if you choose not to leave your estate equally to all of your children under your will,.. read more →
If a client chooses not to leave his estate equally to his heirs, or even to disinherit one or more of the children from any distribution of estate assets, the client’s estate attorney can take steps now to minimize the risk of a future challenge to the will. Such challenges usually involve claims that the.. read more →
A new Supreme Court decision illustrates the importance of making sure your beneficiary designations are up-to-date. The Supreme Court has unanimously ruled that a plan administrator properly distributed benefits under an ERISA pension plan to a deceased participant’s ex-spouse, as she was the only designated beneficiary, even though she had waived her interest in plan.. read more →
An executor may block a surviving spouse’s attempts to withdraw assets from a decedent’s estate where the couple was in the midst of a divorce at the time of his death and the transfers would result in unjust enrichment, a New Jersey appeals court recently ruled. The ruling in kay-vs-kay, A-1594-07 (App. Div. January 28,.. read more →
In an unpublished opinion, the Superior Court, Appellate Division, reversed a trial court’s judgment summarily removing the executrix of an estate and appointing an independent third party administrtor based upon a finding that the executrix and beneficiary did not get along. The appellate court held that friction between the executrix and the beneficiary was insufficient.. read more →
A New Jersey appeals court overturned the dismissal of a lawsuit alleging that the defendants improperly created a supplemental needs trust, allowing the defendants limited access to the plaintiff’s psychotherapy records in order to rebut her claim that the trust’s settlor did not think she needed a trust. Laubach v. Quinn (N.J. Super. Ct. App… read more →
A part of my practice involves mediation and collaborative legal practice. Both mediation and collaborative practice are dispute resolution techniques used as a alternative to litigation to settle a dispute. I believe that settlement, which is a product of mutual agreement, is almost always better than litigation. Settlement involves the principal of self-determination. That is,.. read more →
In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered the circumstances in which it is appropriate to award punitive damages against a party in a court proceeding who has engaged in undue influence in the creation of a will or testamentary trust, or in improperly securing an gift of.. read more →
In McAuliffe vs. Benish, Superior Court of New Jersey, Appellate Division, plaintiffs, the adult daughters of the decedent testator, brought a lawsuit against the romantic partner of their deceased father, seeking an order directing her to pay the estate and inheritance taxes on the home that she inherited from the decedent as joint tenant with.. read more →
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