After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in an estate litigation is that the decedent lacked “testamentary capacity” (the capacity to make a will). An individual’s mental capacity is judged based upon the transaction or act that the person is undertaking. One [...]
Entries Tagged as 'Lack of Testamentary Capacity'
Lack of Testamentary Capacity
May 13th, 2013 · No Comments
Tags: Elder Abuse · Elder Law · Estate Litigation · Lack of Testamentary Capacity · Litigation
Undue Influence Claim Defeated Where Contestant Fails To Establish “Confidential Relationship,” But Fees Are Apportioned Based Upon Accounting Issues
February 27th, 2012 · No Comments
In September 2010, I blogged about the Matter of the Estate of Jewell B. Sykes case, in which the Appellate Division concluded that family ties, without more, do not create a “confidential relationship.” That blog post can be found here. In a February 16, 2012 decision in In the Matter of the Estate of John [...]
Tags: Estate Litigation · Lack of Testamentary Capacity · Undue Influence · Will Contests
Undue Influence Plaintiff Defeats Summary Judgment Despite Failure To Cite Facts In The Record To Oppose The Motion; But Certain Claims Are Dismissed For Failure To file An Affidavit Of Merit
January 19th, 2012 · No Comments
In the December 13, 2011 Estate of Sano Chancery Division case, the decedent’s wife had sued the decedent’s former employee (Ms. Chung) and that employee’s sister (Ms. Choi), claiming that they defrauded and unduly influenced the decedent to change a beneficiary designation of a $2.5 million life insurance policy. The policy had originally named the [...]
Tags: Estate Litigation · Lack of Testamentary Capacity · Litigation · New Cases · Summary Judgment · Undue Influence
Podcast of Guest Interview on The Caring Generation, An Internet Radio Show
December 4th, 2011 · No Comments
Several weeks ago, on Sunday, November 20th, I was a guest on The Caring Generation, a radio show airing on 630 KHOW-AM, a Talk Radio Station broadcasting from Denver, Colorado, and on the internet. The show is hosted by Pamela D. Wilson, who identified herself as the “Care Navigator.” The Caring Generation is about “the [...]
Tags: Abuse of Power of Attorney · Elder Abuse · Elder Law · Health Issues · Improvident Gifts · Lack of Testamentary Capacity · Legal Rights of the Disabled · Medicaid · Personal Achievements and Awards · Social Media · Undue Influence · Web Sites and the Internet
Top Ten (10) New Jersey Probate Litigation / Will Contest Cases in 2010
January 2nd, 2011 · No Comments
I compiled my selections for the top ten (10) New Jersey estate and probate litigation / will contest cases in 2010. For those cases I previously blogged about, a link to the blog post as well as the case is included below. (1) Matter of the Estate of Jewell B. Sykes, Docket No. A-1109-09T2 (App. [...]
Tags: Estate Administration · Estate Litigation · Lack of Testamentary Capacity · Removal of Fiduciary · Top Ten · Undue Influence · Will Contests
Failure To Treat Children Equally Is Insufficient Grounds To Set Aside A Will For Lack Of Capacity Or Undue Influence
November 5th, 2010 · No Comments
As an elder law attorney, I receive many inquires from potential clients asking me to evaluate a potential lawsuit against a sibling involving a deceased parent’s estate plan. The claim typically seeks to set aside a deceased parent’s will as invalid, the result of undue influence by a sibling. Typically, the potential client seeking a [...]
Tags: Estate Litigation · Lack of Testamentary Capacity · New Cases · Undue Influence · Will Contests
