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03.18.2024
Claims of Oral Will Rejected
In re Estate of Wasowicz, 2023 WL 8069402, No. A-3620-21 (N.J. Super. App. Div. Nov. 21, 2023) This case focused on whether an oral agreement made in 1987, 35 years prior to death, is akin to a Will or, in the alternative, can be an enforceable oral contract in New Jersey. From 1971 to 1987 […]
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03.11.2024
Limitations Defined to Exception to “American Rule”: Fee Shifting in Guardianship Actions
In the Matter of A.D., 477 N.J. Super. 288 (App. Div. 2023) This published opinion defines limitations to the exception to the American Rule against fee shifting in guardianship actions. The case was initiated by the Sussex County Office of Adult Protective Services (“APS”). The court appointed Stephen Kossup as counsel and Brian Lundquist as […]
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03.07.2024
Fee Shifting Order Violated “American Rule”
Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023) This case addressed fee shifting and the application of the American Rule in estate litigation. In particular, the parties were seeking reconsideration of the trial court’s order which shifted to them the obligation to pay their adversaries’ […]
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03.05.2024
Anthony La Ratta to Present NJICLE’s Annual “Latest Trends in Estate Litigation” CLE
Anthony La Ratta, Archer Estate & Trust Litigation attorney, will present the New Jersey Institution for Continuing Legal Education’s (NJICLE) 17th Annual Latest Trends in Estate Litigation CLE, which will provide a comprehensive review of recent cases and the significance to their estate planning and estate litigation practice. Program information is as follows: When: Thursday, March 28 […]
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Featured Contributor
Colin P. McHugh
Colin works with clients on estate, trust, and related tax matters, including planning for both simple and complex estates. Colin assists clients with drafting Last Wills and Testaments, revocable and irrevocable trusts, Durable Powers of Attorney, Living Wills and Advance Healthcare Directives. In the area of estate administration, Colin assists clients in probate matters, including intestacy proceedings, probate of Wills, marshaling and inventorying estate assets, preparation and filing of federal and state death tax returns, and preparation of formal and informal estate accountings.