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04.11.2016
Decanting and Related Issues as to Trustee Liability
In re 2008 Trust for the Benefit of Stefanidis-Perez , 2016 N.J. Super. Unpub. LEXIS 636 (Ch. Div, Essex County, Mar. 22, 2016) Plaintiff was the beneficiary of two trusts, one created in 1997 and the other in 2008. Plaintiff filed suit against her mother, who was also the trustee of the trusts. Plaintiff was […]
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03.21.2016
Recent Developments in Trust Law: New Jersey Enacts the Uniform Trust Code
This January the New Legislature passed, and Governor Christie signed into law, the New Jersey Uniform Trust Code (“NJ UTC”) after nearly eight years of deliberations. The law, which is effective as of July 17, 2016, provides a comprehensive set of guidelines as to trusts. Some part of the model Uniform Trust Code has been […]
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03.09.2016
Court Rules Forgery Must Be Proven By Clear and Convincing Evidence
This is an unreported Appellate Division opinion arising out of Cumberland County. Richard D. Byer, Sr. (“Richard”) died in October, 2012 after having been diagnosed with lung cancer and suffering a stroke. Richard’s estate had assets of nominal value. Richard had a pension with a death benefit of approximately $440,000 and a life insurance policy […]
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03.07.2016
Court Concludes Testamentary Provision in Codicil Could Not Be Effectively Revoked
2016 N.J. Super. Unpub. LEXIS 425 (Ch. Div. Feb., 24, 2016) Decedent Jean M. O’Mealia (“Jean”) was predeceased by her husband, William Francis Xavier O’Mealia (“William”). It was the second marriage for both of them. They had no children together but both had children from their prior marriages. At the time of her death, […]
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