In this article we briefly discuss the New Jersey Multiple Party Deposit Account Act. Click here to read the article posted on Linkedin. ... Read More.
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.
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.
Gaining The Upper Hand In Probate Litigation: Pre-Trial Motion Shifting The Burden Of Proof On An Undue Influence Claim
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.