Category

Last Will and Testament
Men's health awareness illustration featuring father and son.
18
Jun

Celebrate Father’s Day and Men’s Health Month

June 18, 2024
As we celebrate Father’s Day and Men’s Health Month, let us take the time to...
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...
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...
13
Jun

Child Support Order May Survive Father’s Death And Trump Father’s Attempts To Disinherit Child

June 13, 2016
The decedent, Keith R. O’Malley, was the father of two children from two different relationships....
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...
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...
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...
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...
10
Mar

Virginia Lawyer Who Bungled Client’s Will Liable to Will Beneficiaries, While Claims Filed by Trust Beneficiaries against Florida Lawyer Dismissed

March 10, 2015
As a general rule, an attorney hired to prepare a will or trust for a...
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,...
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...
07
Mar

Getting a “Conformed,” but Unsigned, Copy of a Last Will and Testament Admitted to Probate in New Jersey

March 7, 2014
When our law office prepares a Last Will and Testament and other estate documents for...
17
Feb

Video of NJ Supreme Court Oral Argument to Give Public Employee the Right to Direct Pension Death Benefit to Special Needs Trust for Disabled Child

February 17, 2014
Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board...
06
Jan

Are Estate Plans Involving Trusts And Other Sophisticated Techniques Necessary Now That The Federal Estate Exemption Is $5 Million?

January 6, 2013
Until recently, estate planners have typically created estate plans by using a number of sophisticated...
02
Jul

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

July 2, 2012
In a published opinion, the New Jersey Appellate Division took a further step away from...
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...
12
Dec

Summary Of Changes To The Estate And Gift Tax Laws In 2011 And 2012 Resulting From Enactment Of The “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010”

December 12, 2010
Senate Majority Leader Harry Reid (D/NV) has introduced legislation designed to enact the tax cut...
17
Aug

My Latest Article Published In the New Jersey Foundation For Aging – Renaissance Magazine

August 17, 2010
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of...
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
Jan

NJ Appellate Court Rules That Awarding Attorneys Fees To The Wrongdoer In An Undue Influence Case Is An "Abuse Of Discretion"

January 28, 2010
In the recent case of Rossius v. Krasheninnikoff, plaintiff filed a complaint in which she...

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