14 Aug 2010
August 14, 2010

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

Estate Litigation, Improvident Gifts, Last Will and Testament, Litigation, New Cases, Powers of Attorney, Surrogate Decision-Making, Undue Influence, Will Contests 0 Comment

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 →

28 Jan 2010
January 28, 2010

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

Attorneys Fees, Financial Exploitation of the Elderly, Last Will and Testament, Legal Capacity or Competancy, New Cases, Undue Influence 0 Comment

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 →

01 Jun 2009
June 1, 2009

Preventing Future Challenges To Your Estate Plan

Estate Litigation, Undue Influence, Will Contests 0 Comment

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 →

01 Apr 2009
April 1, 2009

Intentionally Omitting Children From Your Will

Estate Planning, Undue Influence, Will Contests 0 Comment

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 →

06 Oct 2008
October 6, 2008

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

Special Needs Planning, Undue Influence, Will Contests 0 Comment

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 →

25 Jul 2008
July 25, 2008

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

Estate Litigation, Improvident Gifts, Undue Influence, Will Contests 0 Comment

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 →

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