Category

Trusts
15
Aug

Trust Instrument Does Not Immunize Trustee From Liability For Breaching Duty Of Undivided Loyalty To Beneficiaries

August 15, 2016
In 1992, Ann Mark created two irrevocable trusts for the benefit of her three children....
30
May

Damages and Counsel Fees Against Trustee Affirmed, and Co-Trustee Not Liable for Failing to Stop Trustee’s Misconduct

May 30, 2016
The decedent, Evelyn Berry, had been married twice. At the time of her death, the...
08
May

Disability Planning for New Jersey Residents (Video)

May 8, 2016
  Vanarelli & Li, LLC provides Special Needs Trusts and Disability Planning Attorney Services throughout...
24
Mar

Chancery Division OKs Trust Decanting, Despite Beneficiary’s Opposition

March 24, 2016
In re Trusts for Stefanidis-Perez is a consolidated case involving two trusts in which the...
05
Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016
In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
19
Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

October 19, 2015
Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...
07
Sep

Appellate Division Affirms Reformation Of Life Insurance Policy Through Imposition Of Constructive Trust

September 7, 2015
Eddie and Aidaliz Jones married in 1998. They had a child in 2003, and were...
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...
08
Oct

Entry of Order Determining Issue of Genuine Dispute was Erroneous; Failure to Give Adverse Party Five Days to Object Violated New Jersey Court Rules

October 8, 2014
In In re Tomei Trust, in connection with a family dispute regarding ownership of a...
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,...
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,...
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...
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...
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...
15
Jan

Court-Appointed Trustee Of Special Needs Trust Not Entitled To Fee Barred By Trust

January 15, 2013
A California appeals court ruled that a trial court inappropriately awarded trustee fees to the...
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