On January 11, 2012, the Appellate Division considered In the Matter of the Inter Vivos Trust, Joseph Brandes, Grantor (September 12, 1994) and In the Matter of the Inter Vivos Trust, Dorothy Singer, Grantor (December 23, 1999), two non-consolidated but related cases in which a mother/guardian ad litem brought litigation against the trustee of two [...]
Entries Tagged as 'Removal of Fiduciary'
Assertion Of Fee Claim In Trust Litigation Is Not Sufficient Reason To Justify Removal Of Guardian Ad Litem
February 6th, 2012 · 1 Comment
Tags: Estate Litigation · New Cases · Removal of Fiduciary
Co-Executors Of New Jersey Estate Must Act In Concert; Unilateral Action By Co-Executor May Constitute Grounds For Removal
June 6th, 2011 · No Comments
A New Jersey court has held that a co-executor’s “unbridled belief she could act unilaterally in administering the decedent’s estate without the need for consent from the co-executrix … [may] amount[] to a breach of the [co-executor’s] … fiduciary duty [and] … [constitute] cause for her removal.” In the Matter of the Estate of Albert [...]
Tags: Estate Administration · Estate Litigation · New Cases · Removal of Fiduciary
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
The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009
December 29th, 2009 · No Comments
2009 was an exciting year of litigation in the elder and disability law arena, producing a bumper crop of significant decisions from the administrative forum, as well as state and federal courts. In stark contrast with years past, New Jersey lawyers are now in the forefront of the effort to expand legal protections to greater [...]
Tags: Developmental Disabilities · Elder Law · Estate Administration · Estate Litigation · Governmental or Public Benefit Programs · Legal Rights of the Disabled · Medicaid · Medicaid Applications · Medicaid Planning · Reformation · Removal of Fiduciary · Special Needs Planning · Special Needs Trusts · Trust Reformation
NJ Appellate Court Holds That Mere Friction Or Hostility Between A Beneficiary And A Trustee or Executrix Is Not Sufficient Grounds For Removal Of A Fiduciary
January 30th, 2009 · No Comments
In an unpublished opinion, the Superior Court, Appellate Division, reversed a trial court’s judgment summarily removing the executrix of an estate and appointing an independent third party administrtor based upon a finding that the executrix and beneficiary did not get along. The appellate court held that friction between the executrix and the beneficiary was insufficient [...]