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Father’s $900,000 Transfer to Son’s Business Not a Gift, Says NJ Appeals Court

Posted by May 14, 2016 , ,

In a published decision issued on May 13, 2016, the New Jersey Appellate Division affirmed a Bergen County Chancery judge's summary judgment ruling declaring that a $900,000 transfer made by a father to his son's business constituted an investment, not a gift. In the Matter of the Estate of Byung-Tae-Oh, Superior Court of New Jersey, Appellate Div ... Read More.

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NJ Supreme Court Denies Legal Fees In Contested Estate Case

Posted by May 8, 2016 , ,

In a 5 to 1 decision issued on April 26, 2016, the New Jersey Supreme Court reversed a $397,000 legal fee awarded against the surviving spouse found to have committed undue influence with respect to her late husband's estate to the detriment of the children of his first marriage.  In the Matter of the Estate of Adrien J. Folcher, Case No. 2014-074 ... Read More.

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Gaining The Upper Hand In Probate Litigation: Pre-Trial Motion Shifting The Burden Of Proof On An Undue Influence Claim

Posted by May 20, 2015 ,

Practitioners are constantly searching for ways to gain an advantage over their adversary.  In estate litigation involving undue influence claims, one tactic rarely employed is filing a pre-trial motion for partial summary judgment shifting the burden of proof to the proponent of the disputed Will or gift to prove that the bequest or transfer ... Read More.

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Can a Parent Revoke a Gift of Stock to a Child?

Posted by May 3, 2015 ,

Can a parent ever revoke gift of corporate stock given to a child?  The short answer is maybe. A gift of stock from parent to child is presumed to be a gift under New Jersey law. For the parent to revoke the presumption of a gift requires the parent to meet New Jersey's highest civil burden of proof under the 'clear and convincing' evidence stand ... Read More.

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