Category

Will Contests
04
Jun

In Probate Litigation, Fraud Claims Dismissed; Complaint “Did Not Even Suggest A Basis For The Requested Relief” 

June 4, 2017
Plaintiff Neil Epstein sued Barbara Epstein Petka, claiming that, as a result of her fraud...
01
May

In Litigation Over Lost Will, Appeals Court Remands Case, Ruling Decedent May Have Destroyed Will With Intent To Revoke It

May 1, 2017
Before his death, Arthur Zito was the subject of a contested guardianship litigation, in which...
09
Apr

Son Who Unduly Influenced Mother Could Be Appointed As Her Guardian; Evidence Did Not Support Court’s Change Of Beneficiary Designation On TOD Account; Counsel Fees Denied Because Litigation Was A “Fight Between Brothers”

April 9, 2017
In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death...
27
Feb

Summary Judgment Appropriate in Probate Lawsuit Involving Allegations of Incompetency and Undue Influence

February 27, 2017
The Appellate Division affirmed a summary judgment ruling by a trial court in a probate...
27
Sep

Summary Judgment Reversed: Claim That Lifetime Transfers Were Made To Avoid Decedent’s Obligations To Daughter Under Divorce Agreement Can Proceed

September 27, 2016
When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent...
18
Jul

Appellate Court Affirms Admission of Will to Probate, Rejecting Lack of Capacity and Undue Influence Claims

July 18, 2016
When Helen Weste died in 2010, she was divorced with no children. In 1994, she...
11
Apr

Court Dismisses Legal Malpractice Suit For Failure To Assert Unjust Enrichment Claim In Earlier Undue Influence Case

April 11, 2016
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming...
30
Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016
In an appeal from a trial court’s decision to reduce the counsel fees sought by...
01
Mar

Adult Child Uses Senior Divorce to Contest Estranged Parent’s Last Will and Testament

March 1, 2016
Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
04
Feb

Appellate Division Affirms Trial Court’s Refusal To Set Aside Deeds Executed By Decedent

February 4, 2016
In 1997, the decedent, Kathleen Boyer, executed a Last Will and Testament and a revocable...
11
Jan

Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions

January 11, 2016
Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005...
16
Oct

Chancery Court Admits Unsigned Last Will and Testament to Probate

October 16, 2015
The decedent, William Anton, was survived by his wife, with whom he was in the...
19
Aug

Upending 50 Years of Settled Law, California Supreme Court Rules Unambiguous Wills May Be Reformed to Correct Mistakes

August 19, 2015
In a recent case involving a holographic will, the California Supreme Court overturned an historical...
21
Jul

How We Got A Letter Admitted To Probate As A Last Will and Testament

July 21, 2015
(The following excerpt is a portion of a brief prepared by my Law Firm in...
17
Apr

Attorneys Representing An Estate May Owe A Duty Of Care To Non-Clients Who Are Beneficiaries Of The Estate

April 17, 2015
The New Jersey appeals court reversed a trial court’s dismissal of a legal malpractice action...
13
Apr

Beneficiaries Omitted From Trust By Mistake Can Sue Lawyer Who Prepared Trust

April 13, 2015
A Pennsylvania appeals court held that beneficiaries omitted from trust have standing to sue the...
11
Mar

Adult Child Has No Legal Right To An Inheritance Since New Jersey Law Permits Parents To Disinherit Their Children

March 11, 2015
A trial court in Bergen County held that a parent’s promise to leave assets to...
16
Sep

Because Right of Surviving Joint Owner to Multiple-Party Accounts Turns on Intent of the Decedent and Relationship of the Parties, Summary Judgment dismissal was Inappropriate

September 16, 2014
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013),...
15
Sep

Objection to Admitting Handwritten Will to Probate Properly Dismissed, but Trial Court lacked Authority to Transfer Non-Probate Assets to Trust

September 15, 2014
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31,...
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