Category

Estate Planning
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,...
22
Jul

Uniform Fiduciary Access to Digital Assets Act Passed by Uniform Law Commission

July 22, 2014
The Uniform Law Commission, a national law group, approved a new law on July 16,...
20
Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

July 20, 2014
New Jersey trial judge ruled that a litigant may not appear at trial in a...
25
Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

June 25, 2014
A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...
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...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
13
Nov

Amicus Curiae Granted Permission To Appear Before The Supreme Court Regarding State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension Benefit For His Disabled Child

November 13, 2013
On March 13, 2013, the highest court of our state granted my Petition for Certification,...
01
Sep

Making Medical Decisions For Someone Else: A How-To Guide

September 1, 2013
An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”)...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...
26
Jun

U.S. Supreme Court Rules Surviving Spouse Of Lesbian Couple Entitled To Estate Tax Refund

June 26, 2013
New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed...
20
Jun

Comparing Probate And Non-Probate Assets

June 20, 2013
What is Probate? “Probate” is the name of the process which permits an Executor to...
18
Jun

Ownership Of Joint And Payable-On-Death (“POD”) Accounts, Before And After Death: Who Owns What?

June 18, 2013
THE MULTIPLE-PARTY DEPOSIT ACCOUNT ACT Bank accounts are often established in the name of more...
30
May

Top 10 (Actually 9) Noteworthy Cases Involving New Jersey Trusts, Including Special Needs Trusts

May 30, 2013
The following post contains a summary of the noteworthy trust cases decided by New Jersey...
22
Mar

Physician Orders for Life-Sustaining Treatment Act

March 22, 2013
In the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq., the...
18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

March 18, 2013
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
12
Feb

New Jersey Courts May Reform A Testamentary Trust In A Will To Effectuate the Probable Intent of the Testator

February 12, 2013
The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s...
04
Feb

Decedent’s Foreign Property Is Included In Calculating Spousal Elective Share, Despite Decedent’s Contrary Intent

February 4, 2013
In Estate of Peck, the Chancery Division, Probate Part examined a decedent’s testamentary intent regarding...
25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

January 25, 2013
Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
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