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Trusts And Estates

Stephenson v. Spiegle

Thursday, January 31, 2013

Rescission was appropriate where decedent made a unilateral mistake by naming his attorney the "pay-on-death" beneficiary of a bank account instead of funding a trust referenced in his will.

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In the Matter of the Estate of Peck

Wednesday, January 30, 2013

The decedent's property in Thailand must be included in her augmented estate to calculate her surviving spouse's elective share under her New Jersey will.

When Is Influence 'Undue'?

Friday, December 21, 2012

When approached to assist in the revision of a family member's will, the prudent practitioner will want to ensure that the testator is not operating under the influence of a beneficiary, and is not subject to weakness, dependence or justifiable trust that could result in an unfair advantage in favor of the beneficiary.

Estate Planning for the 'New America'

Friday, December 21, 2012

As our country changes, the needs of individuals, families and workplaces change. As lawyers, we may need to think differently or be left behind. This applies particularly to estate planning attorneys, as estate planning issues pervade virtually all aspects of our personal lives.

The Death of the Presumption of Per Stirpes in N.J.

Friday, December 21, 2012

The new system is known both as "representation," and "per capita at each generation," and is taken from the Uniform Probate Code. It has two basic principles, which are illustrated by the examples presented in this article. But attorneys still seem to have a preference for the per stirpes approach.

Gone With Incapacity?

Friday, December 21, 2012

An aging population, coupled with ever-changing estate tax provisions, such as those we confront at the end of 2012, may require attorneys to consider estate planning for clients who have become mentally impaired. This article explores the limited options under New Jersey law for such planning.