In probate or guardianship litigation, claims are often made that an elderly parent or family member is incapacitated (or incompetent) and that he or she is susceptible to or the victim of undue influence. Recently, I have been involved in litigation in which the sole claim asserted is that the elderly family member is susceptible [...]
Entries Tagged as 'Guardianship'
Susceptibility To Undue Influence Does Not Equal Incapacity
July 14th, 2008 · No Comments
Tags: Elder Law · Guardianship
New case holds that a guardian in New Jersey has an affirmative duty to disclose a conflict of interest involving the sale of the ward’s real property
July 3rd, 2008 · No Comments
In a new published opinion, Burke et al. v. Sea Point Realtors et al., DOCKET NO. A-5652-06T1, App. Div. (May 30, 2008), the Appellate Division of the state’s Superior Court held that a guardian in New Jersey has an affirmative duty to disclose a conflict of interest involving the sale of the ward’s real property [...]
Tags: Guardianship · News Briefs