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When an issue becomes moot, dismissal is appropriate no matter the stage of the litigation

On January 28, 2013, In the Matter of Fred Rizzo, A-2997-11T4, the Appellate Division considered the issue of attorneys’ fees in a guardianship action. By way of background, in 2007, Fred Rizzo appointed his son, Douglas power of attorney.  In May 2011, the Bergen County Board of Social Services filed a Complaint for guardianship.  The […]

Rescission was appropriate where the Decedent made a unilateral mistake by naming his attorney the “pay-on-death” beneficiary on a bank account instead of funding a trust referenced in his Will

In Stephenson v. Spiegle, Docket No. A-4193-11T2, the Appellate Division examined the issue of a contradicting estate, where the Decedent named his...

The Mere Existence of a Parent-child Relationship Does Not Create a Confidential Relationship

     On October 17, 2012, In the Matter of the Probate of the Alleged Will of Joan Pennella, Superior Court ofNew Jersey, Appellate Division, Docke...

Under some circumstances, a Will that is neither dated nor signed may be admitted to probate

   On June 29, 2012, In the Matter of the Estate of Richard D. Ehrlich, Superior Court ofNew Jersey, Appellate Division, Docket No. A-5439-10T2, th...

General Rule: sums remaining on deposit at the death of a party to a joint account belong to the surviving party

   In the Matter of the Estate of Aurelia DeFrank, the Superior Court of New Jersey, Chancery Division: Probate Part,MercerCounty, Docket No.: 09-0...

Dispute between co-executors

In the Matter of the Estate of Trocolor, Superior Court of New Jersey, Appellate Division, Docket No. A-5005-09T3, the Court addressed a dispute be...

Administrator of a Non-resident decedent estate’s wrongful death action

In the Matter of the Estate of Baumiester, Superior Court of New Jersey, Appellate Division, Docket No. A-5041-09T1, the Court addressed the issue ...

Multi-Party Deposit Account Act and the law of Undue Influence

Recently, in the Matter of the Estate of Del Bagno, Superior Court of New Jersey, Appellate Division, Docket No. A-3789-09T2, the Court examined th...

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