Law Office of Donald D. Vanarelli Blog

New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law NJ

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Entries Tagged as 'Last Will and Testament'

Are Estate Plans Involving Trusts And Other Sophisticated Techniques Necessary Now That The Federal Estate Exemption Is $5 Million?

January 6th, 2013 · No Comments

Until recently, estate planners have typically created estate plans by using a number of sophisticated planning techniques. One common technique involved the creation of a testamentary credit shelter trust in the Last Will and Testament of the spouse who dies first. A credit shelter trust is a trust for the benefit of the spouse, or [...]

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Tags: Elder Law · Estate Planning · Last Will and Testament · New Laws · Trusts

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

July 2nd, 2012 · 1 Comment

In a published opinion, the New Jersey Appellate Division took a further step away from requiring strict compliance with statutory formalities required for wills when it considered whether an unexecuted copy of a typed original will “sufficiently represents decedent’s final testamentary intent to be admitted into probate under N.J.S.A. 3B:3-3.” The court found that it [...]

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Tags: Elder Law · Estate Litigation · Estate Planning · Last Will and Testament · New Cases · Probate · Probating Copy of Will

Clear Evidence Of Testamentary Intent Prevails Over Formalities Governing Will Formation: Handwritten Notations On A Letter Constitute A Valid Will

March 28th, 2011 · No Comments

Superior Court Judge Walter Koprowski, Jr. ruled on February 1, 2011 that handwritten notations on a hand-written letter constituted a valid will, although the letter itself did not. In Estate of Randall, the decedent’s cousin, plaintiff Charles Cameron, III, offered for probate two pages of a photocopied letter from 1998, with original marginal notations. The [...]

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Tags: Estate Litigation · Estate Planning · Last Will and Testament · New Cases · Will Contests

Summary Of Changes To The Estate And Gift Tax Laws In 2011 And 2012 Resulting From Enactment Of The “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010”

December 12th, 2010 · No Comments

Senate Majority Leader Harry Reid (D/NV) has introduced legislation designed to enact the tax cut compromise that was reached last week between President Obama and Senate Republicans. Entitled the “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010,” the present bill is structured as an amendment to current law enacted in 2001 under [...]

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Tags: Estate and Gift Taxes · Estate Planning · Last Will and Testament · Taxation

My Latest Article Published In the New Jersey Foundation For Aging – Renaissance Magazine

August 17th, 2010 · No Comments

The New Jersey Foundation for Aging was founded in 1998 to improve the quality of life of New Jersey’s older residents. The Foundation is a nongovernmental, nonprofit organization that derives its financial support through contributions from private donors, public and private foundations and corporations. The mission of the Foundation is “to improve and expand new [...]

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Tags: Advance Directives · Estate Planning · Last Will and Testament · Personal Achievements and Awards · Powers of Attorney

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14th, 2010 · No Comments

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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Tags: Estate Litigation · Improvident Gifts · Last Will and Testament · Litigation · New Cases · Powers of Attorney · Surrogate Decision-Making · Undue Influence · Will Contests

NJ Appellate Court Rules That Awarding Attorneys Fees To The Wrongdoer In An Undue Influence Case Is An “Abuse Of Discretion”

January 28th, 2010 · No Comments

In the recent case of Rossius v. Krasheninnikoff, plaintiff filed a complaint in which she alleged undue influence by the defendant upon the decedent after she discovered that defendant had obtained letters testamentary from the Ocean County Surrogate’s Court by falsely claiming that he was kin to the decedent. After a three day trial, the [...]

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Tags: Attorneys Fees · Financial Exploitation of the Elderly · Last Will and Testament · Legal Capacity or Competancy · New Cases · Undue Influence