26 Aug 2018
August 26, 2018

Love And Care Provided By Nephew Did Not Justify His Failure To Notify Any Beneficiaries Of The Existence Of Aunt’s Will

Abuse of Power of Attorney, Advance Directives, Attorneys Fees, Breach of Fiduciary Duty, Elder Abuse, Elder Law, Estate Litigation, Estate Planning, Interesting New Cases, Lack of Testamentary Capacity, Last Will and Testament, Litigation, New Cases, Powers of Attorney, Probate, Removal of Fiduciary, Statute of Limitations, Time Limits, Will Contests 0 Comment

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 →

28 Jan 2013
January 28, 2013

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

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

In my January 20 blog post, I discussed the time limits imposed under R. 4:85-1 of the New Jersey Court Rules for filing challenges to the probate of a will. In an Appellate Division case decided on January 18, 2013, the effect of an administrator’s fraud on those time limits was addressed, in Matter of.. read more →

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