Category

Will Contests
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...
28
Jun

NJ Court Holds That Documents, Though Unsigned, Undated, And Neither Witnessed Nor Notarized, May, Nevertheless, Be Admitted To Probate As A Valid Last Will And Testament

June 28, 2010
In the case entitled In the Matter of the Estate of Ronald M. Denner, Superior...
05
Nov

New Jersey Appeals Court Finds That The Entire Controversy Doctrine Applies To Pro Se Litigants

November 5, 2009
The entire controversy doctrine requires litigants in a lawsuit to assert all claims that each...
01
Jun

Preventing Future Challenges To Your Estate Plan

June 1, 2009
When developing your estate plan, it is important to recognize the possibility that, after your...
01
Apr

Intentionally Omitting Children From Your Will

April 1, 2009
If a client chooses not to leave his estate equally to his heirs, or even...
06
Oct

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

October 6, 2008
A New Jersey appeals court overturned the dismissal of a lawsuit alleging that the defendants...
12
Aug

Study Finds That Settling A Lawsuit Is Better Than Going To Trial In the Vast Majority Of Cases

August 12, 2008
A part of my practice involves mediation and collaborative legal practice. Both mediation and collaborative...
25
Jul

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

July 25, 2008
In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered...
15
May

Recent Cases – Will Interpretation

May 15, 2008
In McAuliffe vs. Benish, Superior Court of New Jersey, Appellate Division, plaintiffs, the adult daughters...
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