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Challenge to Will based on lack of testamentary capacity and undue influence rejected IN RE ESTATE OF TORNABEN
8 Nov 2016, 6:37 pm by Kenneth Vercammen, Esq.
Challenge to Will based on lack of testamentary capacity and undue influence rejectedIN RE ESTATE OF TORNABENDOCKET NO. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
If not now, when?
5 May 2015, 8:38 am by Kevin O'Keefe
” Photo Credit: Brian Koprowski [read post]
Real Lawyers Have Blogs - http://kevin.lexblog.com/
There is a presumption on death in favor of survivorship rights to the joint bank account holder unless there is clear and convincing evidence of a different intention at the time the account is created
16 Aug 2012, 8:48 am by PaulKostro
In re Estate of Defrank, 2012 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Undue influence
16 Aug 2012, 8:45 am by PaulKostro
’” In re Livingston’s Will, 5 N.J. at 73 (citing In re Raynolds, 132 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NFA Requests Information from CPOs on MF Global Impact
5 Feb 2012, 9:23 am by Hedge Fund Lawyer
 For information on disclosure document reporting for CTAs who had assets at MFG, please see our previous post CTA Guidance re: MFG. [read post]
Hedge Fund Law Blog - http://www.hedgefundlawblog.com
NFA Provides Guidance to CTAs re: MF Global
27 Jan 2012, 12:51 pm by Hedge Fund Lawyer
Any questions regarding these disclosure issues should be directed to: Susan Koprowski, Manager, at (312) 781-1288 or at skoprowski@nfa.futures.org Kaitlan Chi, Manager, at (312) 781-1219 or kchi@nfa.futures.org Mary McHenry, Senior Manager, at (312) 781-1420 or at mmchenry@nfa.futures.org **** Cole-Frieman & Mallon LLP works with CTA and CPOs and provides managed futures legal and compliance services. [read post]
Hedge Fund Law Blog - http://www.hedgefundlawblog.com
Purchase-money resulting trust
16 Dec 2011, 8:23 am by PaulKostro
In re Estate of Rauch, 167 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Superior Court has full authority over the accounts of fiduciaries
14 Nov 2011, 12:29 pm by PaulKostro
In re Sycle’s Estate, 16 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Breach of contract
27 Oct 2011, 2:19 pm by PaulKostro
Magnet Res., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Partnership Accounting Not Available from Deceased Partner's Heirs
26 Oct 2011, 12:21 pm
The decision in In re Genet, Docket No.: ESX-C-44-11 (Oct. 13, 2011) was decided under the now repealed Uniform Partnership Act – yet another warning to partnerships formed before December 2000 that if they want the newer law to apply, they should amend the partnership agreement to say so. [read post]
New Jersey Business Dissolution Journal - http://www.newjerseybusinessdissolutionjournal.com/
The reformation of a trust agreement in a probate action requires clear and convincing proof of the testator’s intent
28 Sep 2011, 1:15 pm by PaulKostro
” In re Estate of Gabrellian, 372 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When can a Will may be admitted to probate
4 Jun 2011, 5:46 am by PaulKostro
In re Will of Ranney, 124 N.J. 1, 11-15 (1991). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Clear and convincing evidence is that which produces in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established, evidence so clear, direct and weighty and convincing as to enable the factfinder
4 Jun 2011, 5:43 am by PaulKostro
” In re Application of Boardwalk Regency Corp. for Casino License, 180 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Undue influence is mental, moral or physical persuasion so powerful that it has destroyed the free agency of a testator by preventing the testator from following the dictates of his or her own mind and will and instead being caused to accept the dominatio
2 Jun 2011, 1:06 pm by PaulKostro
In re Will of Liebl, 260 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Revocation of a Will
2 Jun 2011, 1:05 pm by PaulKostro
In re Will of Reilly, 201 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The essentials of a confidential relationship are a reposed confidence and the dominant and controlling position of the beneficiary of the transaction
2 Jun 2011, 1:00 pm by PaulKostro
In re Estate of Penna, 322 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Circumstances suggestive of inequality, unfairness, imposition, or overreaching give rise to a presumption of undue influence
2 Jun 2011, 12:58 pm by PaulKostro
Ct. 1942), citing In re Barnett, 2 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once a presumption of undue influence has been established, the burden of proof shifts to the proponent of the Will
2 Jun 2011, 12:57 pm by PaulKostro
Div. 1954), citing In re Babette Davis’ Will, 14 N.J. 166 (1953); In re Hopper’s Estate, 9 N.J. 280 (1952); In re Heim’s Will, 136 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a Will remains unrevoked and unaltered while in the testator’s custody for some time after execution, the presumption of undue influence may be overcome
2 Jun 2011, 12:50 pm by PaulKostro
See, e.g., In re Davis’ Will, 14 N.J. 166 (1953); In re Bartles’ Will, 127 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entry of a judgment of adoption terminates all rights of inheritance under intestacy from or through the child which existed prior to the adoption
13 Apr 2011, 10:17 am by PaulKostro
See In re Wolf, 93 N.J.Super. 83, 88 (Ch. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues