When Helen Weste died in 2010, she was divorced with no children. In 1994, she had executed a will leaving her estate to charities and nieces and nephews. In 2001, Helen’s health began to fail. In April 2002, family members contacted her ex-husband (who was agent under her power of attorney), and he flew in.. read more →
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming from an underlying family dispute involving the Estate of Philomena Vicinio. Philomena Vicinio’s health began to deteriorate after her husband’s death. Thereafter, Mrs. Vicinio attempted to reside with her daughter, Roseann, on several occasions, with each attempt short-lived because of.. read more →
In an appeal from a trial court’s decision to reduce the counsel fees sought by a litigant, the appellate division ruled that counsel fees, awarded to both proponent and contestant in a will dispute at the discretion of the trial court, are disturbed on appeal “only on the rarest of occasions.” In re Estate of Riordan,.. read more →
Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had two children, Robin, who is deceased, and Kevin, from whom John was estranged. John acquired approximately $6 million in assets during the marriage. In 2012, Emmaline filed for divorce. At that time, Emmaline was 80 years old, and had been.. read more →
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch. ruled that a court cannot alter the language of a trust that is plain and unambiguous even when extrinsic evidence strongly suggests that the trust language is not what the settlor intended. Violet and Joseph Nelson had three children: Jacob.. read more →
In 1997, the decedent, Kathleen Boyer, executed a Last Will and Testament and a revocable trust. In the will, she directed that her residuary estate “pour over” into the revocable trust upon her death. She named herself as trustee of the revocable trust and, although she retained complete control of the trust assets during her.. read more →
Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions
Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005 will admitted to probate. When Hall’s sister, Carol Polak-Reid (“Reid”) filed a complaint alleging that their mother had executed another will in 2011, Hall represented that she had attempted to have the 2011 will admitted, but the surrogate had rejected.. read more →
The decedent, William Anton, was survived by his wife, with whom he was in the midst of divorce proceedings, and by his three children. A few weeks before his death, Mr. Anton, along with his son-in-law Keith, met with an estate attorney. After Mr. Anton told the attorney that he did not know where his.. read more →
In a recent case involving a holographic will, the California Supreme Court overturned an historical rule in the probate laws of California and most other States (including New Jersey) barring the admission of extrinsic evidence to reform an unambiguous will, thereby permitting reformation of an unambiguous will to correct a mistake. Estate of Duke, S199435 (July.. read more →
(The following excerpt is a portion of a brief prepared by my Law Firm in support of a successful application we filed in Court seeking an Order admitting a letter to probate as the decedent’s Last Will and Testament. The letter was handwritten by the decedent and altered with extensive cross-outs and additions,) The technical requirements.. read more →
The New Jersey appeals court reversed a trial court’s dismissal of a legal malpractice action brought by beneficiaries of an estate against the attorney representing the estate, holding that estate attorneys may owe a duty of care to non-clients when the attorneys know, or should know, that non-clients will rely on the attorneys’ representations. Higgins.. read more →
A Pennsylvania appeals court held that beneficiaries omitted from trust have standing to sue the attorney who prepared the trust as third-party beneficiaries if they can show they were intended beneficiaries of the decedent’s estate. Agnew v. Ross (PA Superior Ct., No. 2195 EDA 2014, February 2, 2015) In 2003, Robert H. Agnew hired attorney Daniel.. read more →
A trial court in Bergen County held that a parent’s promise to leave assets to an adult child does not give rise to an enforceable claim of interference with anticipated inheritance since parents are not prohibited from disinheriting their children under New Jersey law notwithstanding promises to the contrary made during the parent’s life. Gong.. read more →
In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013), a New Jersey appeals court reversed a trial court’s summary judgment dismissal of a case involving ownership of joint bank accounts. The Appellate Division reasoned that ownership turned on the intent of the decedent and the relationship of the parties,.. read more →
In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31, 2013), the decedent left a handwritten will leaving his estate to his minor son, in trust, and nothing to his estranged wife. After his sister sought to admit the holographic will to probate, the estranged wife filed a caveat objecting.. read more →
In re Estate of Klausner, 2014 N.J. Super. Unpub. LEXIS 1517 (App. Div. June 23, 2014) involved Gerald Klausner, who was appointed executor of his late uncle’s estate, and Gerald’s brother Ronald, who was one of the beneficiaries of the estate. Following his appointment as executor, Gerald discovered transactions that he believed demonstrated that Ronald.. read more →
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy for work preformed by law firm in a probate litigation when representing the estate of a man manipulated into modifying his will through undue influence because the wrongdoer’s actions contributed to, and greatly increased, the time and effort required to.. read more →
In a contested guardianship, the guardianship applicant often wishes to pursue additional claims involving the validity of a Last Will and Testament or other estate documents purportedly executed by the alleged incapacitated person at or before the time the guardianship action was filed. In such cases, plaintiffs often claim that the Last Will and Testament.. read more →
Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County, New Jersey, set aside a decedent’s Last Will and Testament, ruling that the Will was the result of undue influence by one of her adult children who was the principal beneficiary of the will. In doing so, Judge Contillo made.. read more →
In Stephenson, Personal Representative of Estate of Murry v. Spiegle, Docket No. A-4193-11T2 (App.Div., January 31, 2013), the decedent executed a Last Will and Testament leaving his estate to family members or trusts for family members. The will was prepared by his attorney, William E. Spiegle, III, Esq. Less than two months later, the decedent.. read more →
In a November 5, 2010 blog post, I discussed the Superior Court of New Jersey, Appellate Division decision in Matter of Sand, Docket No. A-1856-08T1 (App. Div., November 1, 2010). In that case, the appellate court affirmed the trial court’s ruling that the decedent’s daughter’s attempt to set aside her mother’s will, claiming undue influence.. read more →
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1 of the New Jersey Court Rules for filing challenges to the probate of a will. In an Appellate Division case decided on January 18, 2013, the effect of an administrator’s fraud on those time limits was addressed, in Matter of.. read more →
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate designations; (2) a challenge to pre-death transfers by a power of attorney; or (3) a challenge to the actions of an executor following probate of a will) may be initiated two ways. First, by way of a caveat; second, by.. read more →
I recently blogged about In the Matter of the Estate of Lillian Schmidt, a case that can be seen as a warning to potential plaintiffs seeking counsel fees in probate actions. On August 7, 2012, in In the Matter of the Alleged Will of Allan C. Schenecker, the Appellate Division issued another decision upholding the.. read more →
Where an original last will and testament is lost or cannot be found upon the testator’s death, a photocopy of that will may be admitted to probate. In determining whether such relief is appropriate, “the key issue is whether the testator had the intent to revoke the missing will.” In re Estate of Schenecker, 2011.. read more →
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