03 Oct 2012
October 3, 2012

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

Attorneys Fees, Developmental Disabilities, Elder Law, Estate Litigation, Governmental or Public Benefit Programs, Guardianship, Legal Capacity or Competancy, Litigation, Medicaid, Medicaid Planning, New Cases, Probate, Special Needs Trusts, Top Ten 0 Comment

(The 15th Annual Elder and Disability Law Symposium was held on October 3, 2012 at the New Jersey Law Center, in New Brunswick, NJ. This year, as in the past few years, I gave the case law update at the opening plenary session by summarizing the top ten (10) or so elder and disability law.. read more →

02 Jul 2012
July 2, 2012

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

Elder Law, Estate Litigation, Estate Planning, Last Will and Testament, New Cases, Probate, Probating Copy of Will 0 Comment

In a published opinion, the New Jersey Appellate Division took a further step away from requiring strict compliance with statutory formalities required for wills when it considered whether an unexecuted copy of a typed original will “sufficiently represents decedent’s final testamentary intent to be admitted into probate under N.J.S.A. 3B:3-3.” The court found that it.. read more →

28 Jun 2012
June 28, 2012

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

Elder Law, Estate Administration, Estate Litigation, Lost Wills, Probate, Probating Copy of Will, Will Contests 0 Comment

Where an original last will and testament is lost or cannot be found upon the testator’s death, a photocopy of that will may be admitted to probate. In determining whether such relief is appropriate, “the key issue is whether the testator had the intent to revoke the missing will.” In re Estate of Schenecker, 2011.. read more →

15 Jun 2011
June 15, 2011

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

Elder, Estate, Probate and Guardianship Mediation, Estate Litigation, Mediation, New Cases, Probate 0 Comment

A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate the resulting settlement agreement. Matter of the Estate of Lillian L. Fischer, Deceased (N.J. Super. Ct., App. Div., No. A-0091-10T2, June 14, 2011)(unpublished). This matter involved a probate dispute between Catherine S. Richards, the 91 year old domestic partner of.. read more →

01 Oct 2010
October 1, 2010

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

Estate Litigation, Litigation, New Cases, Probate, Will Contests 0 Comment

In New Jersey, a document may be accepted for probate as a will in a number of ways. First, under the formal requirements of  N.J.S.A. 3B:3-2(a), a traditional will shall be (1) in writing; (2) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and at.. read more →

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