Category

Will Contests
25
Aug

Doctrine of Laches Justifies Dismissal of Probate Lawsuit Against Executor, filed 5 Years after Release was Signed

August 25, 2014
In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23,...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
28
Apr

Pre-Death Will Contests

April 28, 2013
In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the...
14
Mar

Court Rules Last Will And Testament Controls The Disposition Of Estate Assets Transferred To Revocable Trust During Decedent’s Life

March 14, 2013
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County,...
16
Feb

Appellate Division Endorses Probate Judge’s Novel Use Of Equitable Remedy To Award Rescission Of “Payable-On-Death” Bank Account Designation

February 16, 2013
In Stephenson, Personal Representative of Estate of Murry v. Spiegle, Docket No. A-4193-11T2 (App.Div., January...
10
Feb

Appellate Division Spares A Will Contestant Frivolous Litigation Sanctions And The Invocation Of An In Terrorem Clause, Despite Her “Fanciful” Claims

February 10, 2013
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey,...
28
Jan

The Effect Of Fraud On The Time Limits For Challenging Probate Or Administration

January 28, 2013
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1...
20
Jan

Filing A Will Contest: Time Limits

January 20, 2013
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate...
15
Aug

Unsuccessful Will Contestant Is Denied Counsel Fees

August 15, 2012
I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case...
28
Jun

Can A Photocopy Of a Will Be Admitted To Probate In Place Of The Original Will?

June 28, 2012
Where an original last will and testament is lost or cannot be found upon the...
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...
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...
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...
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...
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...
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...
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