Category

Probate
01
May

In Litigation Over Lost Will, Appeals Court Remands Case, Ruling Decedent May Have Destroyed Will With Intent To Revoke It

May 1, 2017
Before his death, Arthur Zito was the subject of a contested guardianship litigation, in which...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
16
Oct

Chancery Court Admits Unsigned Last Will and Testament to Probate

October 16, 2015
The decedent, William Anton, was survived by his wife, with whom he was in the...
19
Aug

Upending 50 Years of Settled Law, California Supreme Court Rules Unambiguous Wills May Be Reformed to Correct Mistakes

August 19, 2015
In a recent case involving a holographic will, the California Supreme Court overturned an historical...
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...
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
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,...
08
Jun

The Role of the Guardian ad litem in Probate Litigation

June 8, 2014
In general, an incapacitated person is to be represented in any litigation by a guardian,...
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...
02
Aug

Administrator Must Satisfy Estate Creditors From Probate Assets First Before Attaching Non-Probate Assets

August 2, 2013
A Chancery Court judge determined that the administrator of an insolvent estate in New Jersey...
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...
28
Jan

The Effect Of Fraud On The Time Limits For Challenging Probate Or Administration

January 28, 2013
In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1...
20
Jan

Filing A Will Contest: Time Limits

January 20, 2013
A challenge to a will (as opposed to, for example, (1) a challenge to non-probate...
03
Oct

Top Ten (or so) New Jersey Elder and Disability Law Cases in 2012

October 3, 2012
(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at...
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
Jun

Can A Photocopy Of a Will Be Admitted To Probate In Place Of The Original Will?

June 28, 2012
Where an original last will and testament is lost or cannot be found upon the...
15
Jun

Intentionally Withholding Information In Mediation Will Not Invalidate The Resulting Settlement Agreement

June 15, 2011
A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate...
01
Oct

A Draft Will That Was Not Reviewed By The Client Before Death Cannot Be Admitted To Probate

October 1, 2010
In New Jersey, a document may be accepted for probate as a will in a...

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