Blog Posts

Gaining The Upper Hand In Probate Litigation: Pre-Trial Motion Shifting The Burden Of Proof On An Undue Influence Claim

Practitioners are constantly searching for ways to gain an advantage over their adversary.  In estate litigation involving undue influence claims, one tactic rarely employed is filing a pre-trial motion for partial summary judgment shifting the burden of proof to the proponent of the disputed Will or gift to prove that the bequest or transfer ...

Posted by , May 20, 2015 • Litigation, Probate Litigation

New Jersey Real Estate Attorneys Beware: Signing HUD-1 Real Estate Settlement Form Has Its Risks

New Jersey real estate attorneys who act as the settlement agent in real estate transactions must take extra precautions when signing the real estate settlement statement known as a HUD-1.  The HUD-1 form lists all the fees for services that the lender or broker charges to the buyer during the purchase of a property, as well as the money exchanged...

Posted by , May 5, 2015 • Professional Ethics

Can a Parent Revoke a Gift of Stock to a Child?

Can a parent ever revoke gift of corporate stock given to a child?  The short answer is maybe. A gift of stock from parent to child is presumed to be a gift under New Jersey law. For the parent to revoke the presumption of a gift requires the parent to meet New Jersey's highest civil burden of proof under the 'clear and convincing' evidence stand...

Posted by , May 3, 2015 • Litigation, Probate Litigation

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