PROBATE LITIGATION NEW JERSEY | BLOG ARCHIVES

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 gambitx3x, May 20, 2015 • Litigation, Probate Litigation

Tagged in: beneficiary, clear and convincing evidence statndard, confidential relationship, domination of will, gift, invalidate gift, invalidate will, new jersey estate litigation, new jersey probate litigation, partial summary judgment motion to shift burden of proof, pre-trial motion to shift burden of proof for undue influence, preponderance of the evidence standard, probate litigation, shifting burden of proof for undue influence claim, suspicious circumstances, testator unduly influenced, trial tactics

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 Glenn Reiser, May 3, 2015 • Litigation, Probate Litigation

Tagged in: Dispute gift from parent to child New Jersey law, Disputed gift parent child NJ, Gift of Stock Parent to Child New Jersey, Presumption of gift from parent to child New Jersey law, Rebut presumption of gift from parent to child under NJ law, Revocation of gift parent to child NJ, revoke gift parent to child NJ law, Undo gift parent to child NJ

Medical Experts Beware: If You Consult With A Law Firm And Then Agree To Be Retained By Their Adversary You May Be Disqualified From The Case

Assume the following scenario. An attorney representing a party in a lawsuit challenging the probate of a contested will consults with a medical expert, describing the facts of the case, sharing his mental impressions and discussing trial strategies. The client decides not to hire the expert. The same doctor then consults with the attorney ...

Posted by gambitx3x, February 2, 2015 • Experts, Litigation, Probate Litigation

Tagged in: 126 N.J. 261 (1991), 156 F.R.D. 575 (D.N.J. 1994), 412 N.J. Super. 374 (App. Div. 2010), balance of the competing policy objectives in determining expert disqualification, barring attorney in NJ, barring expert witness NJ, barring expert witness under new jersey court rule 4:10-2(d)(3), barring experts in New Jersey, barring experts opining on mental capacity new jersey, barring medical expert in probate case new jersey, Carchidi v. Iavicoli, Cordy test, Cordy v. Sherwin-Williams Co., disqualification of attorney in New Jersey, disqualification of medical expert in New Jersey, expectation of confidential relationship, expert report barred from trial in NJ, experts failure to disclose consultation to adversary, experts with a prior relationship with an adverse party may be disqualified under the attorney-client privilege and fundamental fairness, Graham rule barring consulting expert, Graham v. Gielchinsky, objectively reasonable for first party who retained expert to believe that confidential relationship existed, party disclosed confidential information to expert, psychatrist barred from testifying at trial

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

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

Medical Experts Beware: If You Consult With A Law Firm And Then Agree To Be Retained By Their Adversary You May Be Disqualified From The Case

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

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

Medical Experts Beware: If You Consult With A Law Firm And Then Agree To Be Retained By Their Adversary You May Be Disqualified From The Case

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