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 'Undue Influence'
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
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