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Joint Bank Accounts: What Happens When One Joint Account Holder Dies?

Posted by Glenn Reiser November 5, 2019 Probate Litigation

In this article we briefly discuss the New Jersey Multiple Party Deposit Account Act. Click here to read the article posted on Linkedin. ... Read More.

Tagged in: Joint Bank Accounts NJ Multiple Party Deposit Act Survivorship Rights Joint Bank Account NJ

Father’s $900,000 Transfer to Son’s Business Not a Gift, Says NJ Appeals Court

Posted by Glenn Reiser May 14, 2016 Corporate, Litigation, Probate Litigation

In a published decision issued on May 13, 2016, the New Jersey Appellate Division affirmed a Bergen County Chancery judge's summary judgment ruling declaring that a $900,000 transfer made by a father to his son's business constituted an investment, not a gift. In the Matter of the Estate of Byung-Tae-Oh, Superior Court of New Jersey, Appellate Div ... Read More.

Tagged in: challenging transfer of money as gift New Jersey probate evidence standard to establish lifetime gift in New Jersey inter vivos gift New Jersey parent child investement LLC New Jersey versus gift investment or gift parent child NJ law investment vs gift New Jersey law presumption gift New Jersy law presumption of gift between parent and child New Jersey law probate dispute gift to child NJ probate gift New Jersey law

NJ Supreme Court Denies Legal Fees In Contested Estate Case

Posted by Glenn Reiser May 8, 2016 Fraud, Litigation, Probate Litigation

In a 5 to 1 decision issued on April 26, 2016, the New Jersey Supreme Court reversed a $397,000 legal fee awarded against the surviving spouse found to have committed undue influence with respect to her late husband's estate to the detriment of the children of his first marriage. In the Matter of the Estate of Adrien J. Folcher, Case No. 2014-074 ... Read More.

Tagged in: American Rule New Jersey Attorney Fees Undue Influence New Jersey Attorney's Fees Fraud Will Contest Case NJ Attorney's Fees Will Contest New Jersey Fee Shifting Probate Case New Jersey Fraud Fiduciary Fraud Attorney's Fees NJ Probate Fraud Attorney's Fees Contested Will NJ Fraud Legal Fees Contested Will New Jersey Legal Fees Undue Influence New Jersey NJ Supreme Court Attorney's Fees Undue Influence Probate Attorneys New Jersey Fraud Probate Lawyer Fees NJ Undue Influence Probate Lawyers New Jersey Fraud Probate Litigation Attorney's Fees New Jersey Recovery of Attorney Fees in Will Contest Cases NJ

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

Posted by Eric Reiser May 20, 2015 Litigation, Probate Litigation

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 ... Read More.

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