Gregory Bock, Jr. was born two months after his mother married Gregory Bock, Sr. However, Gregory Jr. was the result of his mother’s previous relationship with Douglas Castellano. Gregory Sr. and Castellano both knew that Castellano was the biological father; however, the birth certificate identified Gregory Sr. as the father. When Gregory Jr. was approximately.. read more →

The decedent, John F. Piazza, died a widower in 2012, survived by three children: Barbara Piazza (“Barbara”), John H. Piazza (“John”), and Debra Elly Shaefer (“Debra”). His will appointed Barbara as executrix, and left his residuary estate to his three children equally. However, there was a purported codicil to his will, which disinherited Debra. Following.. read more →

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →

At the time of Carol Rankins’ death in 2015, she had been married to Clyde Rankins for 28 years. She had one adopted daughter and two daughters from a prior relationship. The decedent’s surviving spouse was granted letters of administration of her intestate estate. One of her surviving daughters, Ursula, later filed a complaint seeking.. read more →

The decedent had five children, and his will divided his residuary estate among them. He left 25% of the residuary estate to his daughter Eileen. He also directed that Eileen’s bequest was to include the family home, which was to be a credit toward her bequest; in the event that the “total net estate” was.. read more →

During his relationship with life partner Marc Coleman, the decedent executed a Last Will and Testament naming Coleman as the executor and primary beneficiary of his estate. The couple later ended their relationship. Thereafter, the decedent entered into a new relationship with Kirston Baylock. The decedent later died unexpectedly. At issue was a hand-written codicil.. read more →

The decedent was survived by her incapacitated son, for whom the decedent had previously been appointed guardian. Following the decedent’s death, there was protracted litigation regarding the estate, a related trust, and the guardianship, which spanned four years. At the conclusion of the litigation, the attorneys involved submitted fee applications, seeking to be awarded payment.. read more →

In 2006, the William Mallas executed a Last Will and Testament dividing his estate equally between his brother and niece. In March 2008, he signed a power of attorney designating his neighbor, Frank Picciolo, as his agent. In November 2008, Mr. Mallas executed a new POA again naming Frank as his agent, and a new.. read more →

A New Jersey appellate court ruled that a court can alter the plain and unambiguous language of a trust when extrinsic evidence suggests that the trust language is not what the settlor intended. In the Matter of the Trust of Violet Nelson, Deceased, Docket No. A-4004-15T1 (App. Div. March 28, 2018). Violet and Joseph Nelson had.. read more →

Edna M. Fone, a widow, had two children, Richard J. Fone, Jr. and Katherine Fone. Following Edna’s death, Richard sought to probate a 2009 Will allegedly signed by Edna which omitted Katherine as a beneficiary. In response, Katherine filed a lawsuit, seeking to invalidate the purported Will, alleging Richard had exerted undue influence over their.. read more →

Although the decedent had four children, she left her entire estate to two of the children. However, the will did not mention her two omitted daughters, or the fact that they were being omitted. One of the omitted daughters sued, claiming the will was the result of undue influence or lack of testamentary capacity. The.. read more →

The decedent, Alfred Finocchiaro, Sr., died in 2011, predeceased by his wife. The decedent had two sons (Alfred Jr. and Frank) and a daughter. His son Alfred Jr. had predeceased him, having committed suicide on December 29, 2006. The decedent’s daughter survived him, but died before the trial in this case began. The decedent resided.. read more →

This appeal concerned the trial court’s ruling that a 2013 deed was valid. The appellants, who were appointed co-executors of the decedent’s will, claimed that the deed was the product of undue influence. The decedent had owned a condominium and, in 2012, she executed a deed conveying that interest to herself and her niece, as.. read more →

Plaintiff, a son of the decedent, filed a complaint in the Superior Court, Chancery Division, challenging the validity of the decedent’s will. A hearing in the matter was scheduled for June 2015, but plaintiff was unable to obtain a visa to come to the United States for the hearing. The hearing was postponed four times… read more →

The decedent, Dr. Evan Merritt London, was single with no children. He executed a number of wills and trusts over the years, with the trusts as the primary vehicle for disposing of his estate. He would make periodic trust revisions in which his beneficiaries (including his niece and nephew, his best friend, and various charities).. read more →

A court in Australia accepted an unsent, draft text message on a mobile phone as an official Last Will and Testament. Nichol v. Nichol The decedent, Mark Nichol, a 55 year old man, committed suicide in 2016. The decedent’s mobile phone was found on a work bench in the shed where the deceased’s body was found.. read more →

In this will contest, plaintiffs were named as residuary beneficiaries in the Last Will and Testament which the decedent, Charles W. Winter, Jr., executed in 1999. Plaintiffs were all cousins of the decedent. The three defendants also shared close personal and/or family relationships with the decedent. In a new Last Will and Testament executed on.. read more →

In the Matter of the Estate of Anna Fabics involved multiple lawsuits, motions, and other pleadings filed by the decedent’s son Joseph against Joseph’s brother Laszlo. Their mother’s will left her residuary estate to her two sons equally, and appointed Laszlo as executor. The will directed the executor to sell all property of the estate.. read more →

The testator, Harold Becker, executed a Last Will and Testament leaving his estate to his youngest son, Brandon (the child of the Mr. Becker’s second marriage), to the exclusion of his older sons, Scott and Stuart (the children of his first marriage). Mr. Becker’s will appointed his second wife (the couple were divorced but later.. read more →

In McDermott-Guber v. Estate of McDermott, parents deeded a one-half property interest in a vacant parcel to their daughter in 1986. The daughter and her husband began building a home on the property. According to the daughter, after her father died and left her mother as the sole owner of the remaining one-half interest, her.. read more →

Plaintiff Neil Epstein sued Barbara Epstein Petka, claiming that, as a result of her fraud and misrepresentation, the decedent had removed the plaintiff as a beneficiary of his will and living trust. The defendant filed a motion to dismiss in lieu of an answer, claiming that the complaint failed to state a claim pursuant to.. read more →

Before his death, Arthur Zito was the subject of a contested guardianship litigation, in which his sons Arthur Jr. and David had sought to become Mr. Zito’s guardian. (A third son, Stephen, was not a party to this litigation.) After the court appointed Mr. Zito’s daughter Laura as guardian, Arthur Jr. and David moved to.. read more →

In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death (“TOD”) account where he worked. Dwight was designated as the sole beneficiary of the account. In 2005, Evelyn signed a power of attorney (“POA”) naming Dwight as her agent. In 2008, she signed a will naming Dwight as her executor.. read more →

The Appellate Division affirmed a summary judgment ruling by a trial court in a probate lawsuit involving disputed issues of material fact relating to alleged incapacity and undue influence. In the Matter of the Estate of Tornaben, New Jersey Superior Court, App. Div., Docket No. A-5181-14T4 (Sept. 27, 2016). The Essex County Surrogate admitted the.. read more →

When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent estate to his second wife and her nephew. Although he and his second wife had a son, his will explicitly left no bequest to that son. The second wife claimed that the decedent’s extensive health problems had depleted the estate.. read more →