Executor’s Lack of Cooperation Fell Short of Ordinary Prudence

In the Matter of the Estate of Grafer, Deceased, No. A-1096-15T3, 2017 N.J. Super. Unpub. LEXIS 159 (N.J. Super. Ct. App. Div. Jan. 24, 2017). Appellant Robert Grafer Jr., the executor of the estate of his late mother, appealed from the Probate Part order denying his motion for attorney fees.

Practice Tips: Probating a Photocopy

A properly executed Will has two general functions.  First, it allows the testator to set forth a distribution scheme and nominate fiduciaries.  Most clients already know that.  The second function of a properly executed Will is to make the Will amenable to probate in the Surrogate’s Court rather than in the Superior Court.  No matter how much thought goes into the distribution scheme and the fiduciary nominations, if the original Will is lost the second function is also lost.

Ethical Implications of Accessing Metadata

Estate of Kennedy, et al. v. Rosenblatt, et al., 2016 N.J. Super. LEXIS 140 (App. Div. Nov. 4, 2016). This Essex County matter addressed a conflict-of-interest issue involving attorneys who switched law firms and the electronic file that remained. In October 2013, plaintiffs Estate of Francis P. Kennedy and eight related trusts initiated a professional negligence action against defendants.  Riker, Danzig, Scherer, Hyland & Perretti, LLP (“Riker”) served as defense counsel and prepared an “Initial Case Analysis” (“the Analysis”), which was placed both in Riker’s paper file and its electronic document management system.  The Analysis was a detailed case assessment and strategy memorandum which was sent to the client.

NJ Supreme Court Grants Cert: Thieme v. Aucoin-Thieme

Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016) In 1999, plaintiff Michael J. Thieme was employed at a biometrics consulting firm.  In late 2000 or 2001, Michael met the defendant, Bernice F. Aucoin-Thieme.  By May 2002, they were living together, and their daughter was born in 2003.

Tara Zane and Melissa Osorio Dibble Presented A Case Study On The UTC for the Society of Financial Service Professionals

The presentation took place on January 10, 2017, at The Mansion in Voorhees, NJ from 8:30am – 10:30am.  Attendees learned how to create, modify, and the possibility of even terminating trusts under the new Act. 

Inheritance Disputes Clogging Up Courts in China