Practice Papers
Trusts And Estates
In the Matter of the Estate of Thomas
Thursday, May 23, 2013
Summary dismissal of a complaint seeking a declaratory judgment that plaintiff is decedent's child and sole heir and vacation of the grant of letters of administration is reversed.
SPONSOR SPOTLIGHT
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.
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.
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