A fiduciary will be removed for breach of fiduciary duty in mishandling the assets of an estate or trust, failing to account, or for engaging in self-dealing As a fiduciary, an Executor of Trustee is guided by the following duties to the beneficiaries: duty of undivided loyalty; duty of impartially, a fiduciary is precluded from […]

An Undue Influence Case Often Turns on Whether There Exists a Confidential Relationship between Donor and Donee While the Multi-Party Claims Act (N.J.S.A. 17:16I-5) creates a presumption of validity of the naming of beneficiaries of a joint, POD or in trust for account, the terms of the statute can be overcome upon establishing that the

Is This It? Every generation has its icons. We have People magazine, TMZ and the Enquirer to expose our superstars and their atypical lifestyles. Some are worshipped like a deity; their every move chronicled and criticized in the tabloids – until the stardom so desperately sought – becomes a curse and the fall from grace

If you’re talking about kidnapping, ransom, murder, forged Wills and the richest woman in Hong Kong – then you’d be talking about Nina Wang. Richer than the Queen of England and more colorful than Madonna, this eccentric billionaire could be seen around town wearing plaid miniskirts and pigtails dyed electric blue. No swank sushi bar

The Benevolent Queen of Mean When billionaire hotelier Leona Helmsley died on August 7, 2007 at the age of 87, there were no prayer vigils outside her hotels nor did the masses tearfully gather in her send off.  Instead, both big people and little people alike read the headlines which trumpeted that the wicked witch

Just how un-entitled to the Astor fortunes was Anthony Marshall? Consider that John Jacob Astor, the nation’s first multi-millionaire had earned his fortune the old fashioned way, through hard work, an entrepreneurial spirit, and perseverance.  First, he built an international fur trading empire.  Then, he turned his attention and resources to buying New York City

Stripping and Being Stripped Vickie Lynn Marshall stunned everyone when she died unexpectedly in February 2007 at the age of 39. Her death, like her life, ignited a firestorm of media coverage. Having a hard time remembering just who Vickie Lynn Marshall was? That’s probably because you know her better for her colorful professional career…as

Introduction Having drafted estate plans for a large cross-section of families and having resolved contested estate disputes for decades, I could not help but notice that there are themes and recurring fact patterns that could ultimately, depending in part upon the efficacy of the estate plan, mean the difference between eternal peace and a great

Estate & Trust Litigation There are certain universal truths. Your life is unique. Yet at the same time, we all share so many basic values: to love and be loved; to work hard, to give back, to be empathetic and to be the best we can be. But we’re only human and we all make

The New Jersey Appellate Division refuses to impose damages on influencer despite clear finding of undue influence In a decision of the New Jersey Appellate Division in the seminal Stockdale Will Contest case (196 N.J. 275 (2008)), the Court refused to impose compensatory or punitive damages against the influencer, Ronald Sollitto, or his attorney, Anthony