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05.02.2016
Counsel Fees and Costs: Exception to the American Rule
In the Matter of the Estate of Adrian J. Folcher 2016 N.J. LEXIS 330 (N.J., Apr. 26, 2016) Adrian Folcher (“Folcher”) had three children with his first wife, who died in July 2002. In December 2002, Folcher married Bernice Folcher (“Bernice”). In 2003, Folcher and Bernice signed a postnuptial agreement, which provided that any real […]
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04.29.2016
Provisions in Wills as to Counsel Fees and Costs
In the Matter of the Estate of Berry 2016 N.J. Super. Unpub. LEXIS 855 (App. Div., Apr. 15, 2016). Decedent Evelyn Berry had four children from two different marriages. The two older, adult children from her first marriage were Tara and defendant Darryl Fusco. The two younger, minor children from her second marriage were Garrett […]
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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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