Law Office of Donald D. Vanarelli Blog

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

Law Office of Donald D. Vanarelli Blog header image 4

Entries from July 2011

Trial Court Decisions Concerning The Choice Of An Appropriate Guardian Most Often Upheld On Appeal

July 29th, 2011 · No Comments

This is the latest decision in the long-running legal drama involving Lillian Glasser which has spawned litigation in two states, Texas and New Jersey, 34 days of trial in New Jersey concerning the capacity of Mrs. Glasser, collateral litigation involving the choice of an appropriate guardian, the validity of Mrs. Glasser’s will, attorneys fees awards, [...]

[Read more →]

Tags: Evaluations · Guardianship · New Cases

Mediator Malpractice In New Jersey

July 28th, 2011 · 1 Comment

There are so few reported cases in New Jersey involving claims of mediator malpractice that any cases involving such claims are important. In Jankowski v. Sandor, Docket No. A-0770-10T2 (App. Div., July 27, 2011), the Superior Court of New Jersey, Appellate Division, affirmed the dismissal of the mediator malpractice claims based upon choice of law [...]

[Read more →]

Tags: Mediation · Mediation Malpractice · New Cases

Court Is Not Required To Appoint Counsel For The Proposed Ward In Every Guardianship Lawsuit

July 20th, 2011 · No Comments

Plaintiff, the executor of the estate of the proposed ward’s deceased daughter, and the proposed ward’s granddaughter, filed a lawsuit in the Superior Court of New Jersey, Chancery Division, General Equity Part, Bergen County, based upon an alleged oral promise made by the proposed ward to his deceased daughter. For the purpose of that litigation, [...]

[Read more →]

Tags: Guardianship · New Cases

Legal Ethics and Social Media

July 17th, 2011 · No Comments

Several interesting lawyer ethics opinions and cases were published recently in New Jersey and other states. 1.       In Opinion 43 issued on June 28, 2011 by the New Jersey Supreme Court Committee on Attorney Advertising, the Committee considered a grievance filed against fifteen (15) New Jersey attorneys who participated in an internet company which owned [...]

[Read more →]

Tags: Attorney Ethics · Social Media · Web Sites and the Internet

Failure To Provide ‘Clear And Convincing Proof” of Decedent’s Intent Mandates Denial Of Action To Reform Trust

July 14th, 2011 · No Comments

In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the primary benefit of his wife and children in 2006. The life insurance trust was funded with a $2.5 million life insurance policy. Plaintiff, Lois Jean McLellan, the spouse of the decedent and mother of two of decedent’s four children, was [...]

[Read more →]

Tags: Doctrine of Probable Intent · Estate Litigation · New Cases · Reformation · Taxation

Top Vanarelli Law Office Blog Posts: June 2011

July 1st, 2011 · No Comments

Below I’ve listed the most popular articles posted to the Vanarelli Law Office Blog based upon pageviews in June 2011. The original post date is included after each hyperlinked title. Top Ten (10) New Jersey Probate Litigation / Will Contest Cases in 2010. January 2nd, 2011 New Jersey Veterans Memorial Homes. May 17th, 2010 A [...]

[Read more →]

Tags: Blog Roundup and Highlights