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New Jersey Estate Litigation

  • ID: 2132020
  • Book
  • Region: North America, United States
  • 375 Pages
  • ALM Media, LLC
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This book provides "the general practitioner [with a] much-needed and long overdue tour guide to the various actions that are likely to be encountered in probate litigation. It serves as an excellent reference compendium for the seasoned litigator as well." Gerald C. Escala, Ret. Superior Court Judge, Bergen County

Chapters Include:

- General Concepts in Estate Litigation
- Inter-Vivos Transfers
- Guardianships
- Litigation Involving Intestacy
- Litigation Involving Wills
- Miscellaneous Probate Actions
- Fiduciary Duties, Obligations and Liabilities
- Accountings
- Pre-trial Issues
- Trial
- Settlement
- Appeal
- Sample Forms

Includes most recent supplement (issued in the Fall), and all updates issued within three months of purchase

Reviews:

"I've practiced in this field for 18 years and have already found several helpful discussions on undue influence litigation, the extent of fiduciary duties, and joint accounts (more complex than meet the eye).

Jany L. Sabins, Steven Robert Lehr PC

"Readability is a hallmark of this book. Footnotes are used to identify the principal authority, rather than flood the reader with a mass of string cites. Technical expertise is mixed with practical sense.

Steven M. Richman, Duane Morris LLP, New Jersey Lawyer Magazine
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General Concepts in Estate Litigation Jurisdiction; The Concept of Probate; Initiating Action in Superior Court, Chancery Division, Probate Part; Standing to Institute or Participate in Probate Litigation Action; Statute of Limitations With Respect to Probate Actions; Adjudication of Legal Claims in Chancery Division, Probate Part/Right to Jury Trial; Domicile; Representation of Minor or Mentally Incapacitated Person in Probate Litigation; Application of Entire Controversy Doctrine to Probate Litigation; Application of Res Judicata to Probate Litigation; Application of Collateral Estoppel to Probate Litigation

Inter-Vivos Transfers Requirements for Valid Inter Vivos Transfer; Gifts Causa Mortis; Joint Accounts; Challenges to Inter Vivos Transfers; Power of Attorney; Advance Medical Directives

Guardianships of Incapacitated Persons; Minors; Guardianship of Veterans; Conservators; Protective Arrangements; Special Medical Guardian; Guardian for Persons Receiving Services from Division of Developmental Disabilities

Litigation Involving Intestacy Jurisdiction; Domicile; General Administrator; Other Types of Administrators; Procedure for Appointment of Administrator; Contesting Administration; Intestate Succession; Distribution of Intestate Estate to Minor

Litigation Involving Wills Jurisdiction; Probate Issues; Will Contests; Will Construction; Actions Against Will

Miscellaneous Probate Actions; Contracts to Make Will; Creditors' Claims; Insolvent Estates; Malicious or Intentional Interference With Expected Inheritance

Fiduciary Duties, Obligations and Liabilities Fiduciary Duty; Standard of Care; Exculpatory Clauses; Court's Power to Override Governing Instrument; Removal of Fiduciary; Delegation of Fiduciary Duty; Surcharge of Fiduciary; Forfeiture of Commissions by Fiduciary; Punitive Damages Against Fiduciary; Attorney's Fiduciary Duty in Estate Planning and Estate Administration; Legal Malpractice

Accountings Purpose; Requirement to Formally Account; Compelling an Account; Failure to Render an Account; Informal Account; Procedure to Judicially Settle an Account; Form of Accounting; Deceased Fiduciary's Duty to Account; Removed or Discharged Fiduciary's Duty to Account; Exceptions to Accounting; Effect of Judgment Settling Accounting; Fiduciary Commissions; Counsel Fees

Pre-Trial Issues; Overview of Discovery; Methods of Discovery; Failure to Comply With Discovery Requests; 9-4 Privileges

Trial; Pre-Trial Conference and Memorandum; Exchange of Information Between Parties and Court; Motions; Burden of Proof; Hearsay; Witnesses: Lay and Expert; Award of Counsel Fees and Costs in Estate Litigation

Settlement Mediation; Agreement to Alter Interests among Beneficiaries or Intestate Heirs; Acceleration and Termination of Trusts; Tax Consequences of Settlement

Appeal; Interlocutory Appeal; Appeals from Judgment or Order
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Michael R. Griffinger



Michael R. Griffinger is a Director of Newark-based Gibbons P.C. and former chair of its Business & Litigation Department. He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He frequently represents both fiduciaries and beneficiaries in estate disputes. Griffinger earned his J.D. from Columbia University School of Law, his M.B.A. from Columbia School of Business, and his B.A. from Cornell University.

Paul F. Cullum III



Paul F. Cullum III is a Partner in the Litigation Group of LeClairRyan, practicing in both its Newark and Williamsburg offices. Cullum has represented trustees responsible for multimillion dollar trusts and clients in various guardianship and conservatorship proceedings, including the first case in New Jersey wherein undue influence was established by one spouse over another spouse. He earned his J.D. from Seton Hall University, his M.B.A. from Monmouth College, and his B.S. from the College of William and Mary.
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