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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
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
A power of attorney does not give one a legal or equitable interest in either the assets or person of the principal
13 Apr 2011, 9:52 am by PaulKostro
See also, In re Jane Tierney, an Alleged Mental Incompetent, 175 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the probate context, an insane delusion which robs an individual of testamentary capacity is a false, fixed belief, based on supposed facts which exists only in the diseased imagination of the deluded person and persists despite indisputable evidence o
15 Mar 2011, 10:08 am by PaulKostro
In re Coffin’s Estate, 103 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Mistakes in the context of a will contest
15 Mar 2011, 10:15 am by PaulKostro
In re Araneo Will, 211 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Testamentary capacity
15 Mar 2011, 10:10 am by PaulKostro
” In re Will of Blake, 37 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
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
Administration of an intestate’s estate
15 Mar 2011, 10:20 am by PaulKostro
In re Estate of DiBella, 373 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
What is a will
15 Mar 2011, 10:07 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
Failure of will formation rigid formalities does not defeat a testator’s clear intent
16 Mar 2011, 9:47 am by PaulKostro
In re Alleged Will of Macool, 416 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
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
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
The stranger-to-the-adoption doctrine
13 Apr 2011, 10:10 am by PaulKostro
In re Duke, 305 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
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
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