Category: Hot Trends: Developing Case Law
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10.05.2015
Certification of Attorney Services
By Don Craig, Esquire. Almost every litigation attorney, at some point in his or her career, will file a certification of attorney services. Most attorneys, particular younger attorneys, start with a template from an experienced practitioner and simply add the requested figures. There is much more to drafting a effective certification of attorney services. First, […]
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10.05.2015
Constructive Trusts for Life Insurance Policy Proceeds
In the Matter of The Estate of Eddie Jones, III (App. Div. 8/26/2015), the Appellate Division affirmed a Burlington County Superior Court decision imposing a constructive trust upon the decedent’s life insurance policy proceeds by reforming the policy to enforce the terms of a settlement agreement that was incorporated into the decedent’s Amended Dual Final […]
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09.30.2015
Trust Protectors under Louisiana Law
In re: Eleanor Pierce (Marshall) Stevens Living Trust, 159 So. 3d 1101 (Ct. App. La. 2015) upheld an appointment of a trust protector as valid under Louisiana law. The trust was established in 1979 and amended several times. A 2007 amendment appointed a trust protector and afforded that person the power to remove the trustee. […]
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08.28.2015
Financial Elder Abuse: Does a Bank have a Duty to Report?
Lucca v. Wells Fargo Bank, N.A., 2015 N.J. Super. LEXIS 105 (Law Div. Jan. 28, 2015)(approved for publication June 24, 2015) Over several months in 2011, plaintiff Margaret Lucca made approximately twenty-seven wire transfers, totaling about $330,000, from her account at Wells Fargo Bank. She sent the funds at the direction of an individual who […]
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08.28.2015
The Nature of Summary Proceedings in Probate Matters
In re Scuderi, 2015 N.J. Super. Unpub. LEXIS 1646 (App. Div. July 9, 2015) This case addressed issues pertaining to a guardianship dispute, including the sale of real estate and the removal of the guardian. In particular, defendant Richard Scuderi appealed from the order authorizing the listing for sale of certain property and dismissing his […]
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09.03.2014
Developing Trends in Probate Litigation
Title: Developing Trends in Probate Litigation Date: September 18, 2014 Time: 1:30 PM to 3:30 PM Location: Harrah’s Resort, Atlantic City, NJ Speaker(s): Donald P. Craig and Anthony R. LaRatta of Archer & Greiner, PC Timed agenda: 1:30-1:35 PM Introductions, 1:35-3:30 PM Program, Credits Requested: 2.3 NJ (general—pending approval) Description of the program: This is the 3rd annual presentation. The two speakers present a review […]
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02.14.2014
Marital Deduction in New Jersey Estate Tax
Estate of Booth v. Dir., Div. of Taxation, No. 015173-2012, 2014 N.J. Tax LEXIS 4 (Tax Ct. Feb. 11, 2014) This case dealt with whether defendant’s, the New Jersey Division of Taxation, disallowance of the federally allowed marital deduction in computing the New Jersey estate tax is proper. Lillian Garis Booth, decedent, died testate in […]
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