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02.09.2017
Appellate Division Reverses Trial Court’s Ruling and Finds That Grantor Has Standing
Andrews, et al. v. Frank, et al., No. A-5524-14T3, 2017 N.J. Super. Unpub. LEXIS 346 (N.J. Super. Ct. App. Div. Feb. 9, 2017). Clifford Andrews appealed an order dismissing his claims against fourth-party defendant, Steven Ford. In 1999, while Clifford and Terry Andrews were married, they created the Andrews Family Legacy Trust (trust), an irrevocable […]
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01.24.2017
Executor’s Lack of Cooperation Fell Short of Ordinary Prudence
In the Matter of the Estate of Grafer, Deceased, No. A-1096-15T3, 2017 N.J. Super. Unpub. LEXIS 159 (N.J. Super. Ct. App. Div. Jan. 24, 2017). Appellant Robert Grafer Jr., the executor of the estate of his late mother, appealed from the Probate Part order denying his motion for attorney fees.
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01.24.2017
Practice Tips: Probating a Photocopy
A properly executed Will has two general functions. First, it allows the testator to set forth a distribution scheme and nominate fiduciaries. Most clients already know that. The second function of a properly executed Will is to make the Will amenable to probate in the Surrogate’s Court rather than in the Superior Court. No matter […]
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01.24.2017
Ethical Implications of Accessing Metadata
Estate of Kennedy, et al. v. Rosenblatt, et al., 2016 N.J. Super. LEXIS 140 (App. Div. Nov. 4, 2016). This Essex County matter addressed a conflict-of-interest issue involving attorneys who switched law firms and the electronic file that remained. In October 2013, plaintiffs Estate of Francis P. Kennedy and eight related trusts initiated a professional […]
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