Law Office of Donald D. Vanarelli Blog

After an individual’s death, litigation regarding the decedent’s estate can arise in a variety of contexts. A common claim asserted in a lawsuit challenging the validity of a decedent’s Last Will and Testament is that the will was the result of “Undue Influence.” “Undue Influence” is defined by our courts as “’mental, moral or physical’ [...]

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Earlier this month, Hon. Robert P. Contillo, Presiding Judge of the Chancery Division, Bergen County, New Jersey, set aside a decedent’s Last Will and Testament, ruling that the Will was the result of undue influence by one of her adult children who was the principal beneficiary of the will. In doing so, Judge Contillo made [...]

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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 [...]

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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 [...]

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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 [...]

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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. [...]

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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 [...]

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The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption of undue influence) was examined by the New Jersey Appellate Division in Matter of the Estate of Jewell B. Sykes, N.J. App. Div. No. A-1109-09T2 (Aug. 19, 2010). In Sykes, the decedent’s daughter/co-executor (“Evelyn”) challenged the validity of two leases [...]

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New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they face in In Re Buscavage, N.J. App. Div. No. A-6041-08AT3 (Aug. 25, 2010). Buscavage involved a challenge to trust amendments made by the decedent, Joseph Buscavage, in the final year of his life, which favored certain members of his family, [...]

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Most of the cases discussed on this blog (and, I suspect, on most blogs which spotlight developments in the law) focus principally on decisions issued by the higher-level courts, the appellate courts and the supreme court of the state.  However, the majority of court decisions in New Jersey and other states are issued by trial [...]

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