A New Jersey appeals court overturned the dismissal of a lawsuit alleging that the defendants improperly created a supplemental needs trust, allowing the defendants limited access to the plaintiff’s psychotherapy records in order to rebut her claim that the trust’s settlor did not think she needed a trust. Laubach v. Quinn (N.J. Super. Ct. App. [...]
Entries Tagged as 'Estate Litigation'
NJ Appeals Court Allows Limited Disclosure of Notes by a Psychiatrist in Case Challenging Creation of a Supplemental Needs Trust
October 6th, 2008 · No Comments
Tags: Special Needs Planning · Undue Influence · Will Contests
Study Finds That Settling A Lawsuit Is Better Than Going To Trial In the Vast Majority Of Cases
August 12th, 2008 · No Comments
A part of my practice involves mediation and collaborative legal practice. Both mediation and collaborative practice are dispute resolution techniques used as a alternative to litigation to settle a dispute. I believe that settlement, which is a product of mutual agreement, is almost always better than litigation. Settlement involves the principal of self-determination. That [...]
Tags: Collaborative Family Law · Divorce Mediation · Elder, Estate, Probate and Guardianship Mediation · News Briefs · Will Contests
NJ Supreme Court holds that punitive damages are not ordinarily permitted in an estate litigation or will contest even when the proponent of the will has engaged in egregious behavior resulting in undue influence
July 25th, 2008 · No Comments
In the Matter of the Estate of Madeleine Stockdale, the New Jersey Supreme Court considered the circumstances in which it is appropriate to award punitive damages against a party in a court proceeding who has engaged in undue influence in the creation of a will or testamentary trust, or in improperly securing an gift of [...]
Tags: Estate Litigation · Improvident Gifts · Undue Influence · Will Contests