On October 11, 2016, the decedent’s 2014 will was admitted to probate by her niece Frances (the “defendant-executor”). Therefore, pursuant to R. 4:85-1 of the New Jersey Rules of Court, a complaint seeking to contest the will should have been filed within 4 months of probate, or in this case, by February 10, 2017. However,.. read more →
Love And Care Provided By Nephew Did Not Justify His Failure To Notify Any Beneficiaries Of The Existence Of Aunt’s Will
In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →
The defendant, who was the agent under his aunt’s power of attorney and executor of her estate, was sued by beneficiaries of the decedent’s estate for breach of fiduciary duty as her agent and executor. The power of attorney and will were executed in 1998. The plaintiffs alleged that, beginning in 2001, the defendant wrongfully.. read more →
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