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02.22.2016
Disposition of Decedent’s Remains
Gately v. Hamilton Memorial Home, 442 N.J. Super. 542 (App. Div. 2015). This decision considered the rights of surviving family members to control the disposition of the remains of a decedent. Decedent John Gately was killed in an automobile accident on October 16, 2009. His parents had divorced when he was a child. The mother […]
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02.21.2016
Nursing Home Contracts and the Importance Who Signs
The New York Times analyzes a recent case out of Massachusetts that spotlights the importance of who signs a nursing home contract. New York Times – “Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?” http://www.archerlaw.com/files/arbitration%20clause%20in%20nursing%20home%20contracts.pdf
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02.11.2016
The Doctrine of Probable Intent Does Not Apply Absent an Ambiguity in Trust Terms
In the Matter of Violet Nelson, No. BER-P-001-15 (Chancery Division Jan. 27, 2016) In this matter, the Court assessed whether it could alter the “plain, unambiguous language of the Trust, based on extrinsic evidence suggesting that the plain, unambiguous language of the Trust is not what the Settlor intended.” Id. at *1. The Settlor established […]
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02.10.2016
Estate of Kathryn Parker Blair, Superior Court of NJ, Appellate Division, Docket No. A-5482-13T1
The petitioner, Lori Ann Parker, appealed an April 29, 2014 Order that dismissed her Verified Complaint. Petitioner had sought to set aside her aunt’s Will because, among other reasons, she claimed that her aunt had signed the Will as the result of undue influence and also lacked requisite testamentary capacity. On June 25, 1987, Kathryn […]
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Featured Contributor
Eimi S. Figlio
Eimi focuses on estate planning and estate administration, including planning for both simple and complex estates. Her services include drafting basic and tax planning Wills, Durable Powers of Attorney and Advance Medical Directives, as well as preparing trust documents necessary to preserve family wealth and minimize tax consequences. Eimi’s estate administration practice includes all aspects of probate matters, including intestacy proceedings, probate of Wills, and marshaling estate assets. She also assists clients with post mortem estate planning opportunities.