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Settlement Agreements in Probate Estate Litigation and Elder Abuse Cases Will Generally Be Enforced When One Side Tries to Bail Out

Posted by on Jan 19, 2018 in Will Contest and Probate Litigation in NJ | Comments Off on Settlement Agreements in Probate Estate Litigation and Elder Abuse Cases Will Generally Be Enforced When One Side Tries to Bail Out

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Probate Estate & Elder Abuse Attorney You just settled a vicious probate dispute or elder abuse case where the emotions ran high, the dollars involved meaningful, and everyone felt like justice failed them. Then something happens (or fails to happen) which one side feels was required under the terms of the settlement. Worse yet, one or more of the parties is experiencing buyer’s remorse. They no longer want to settle and want their day in court. The obvious...

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Elder Abuse by the Intentional Infliction of Emotional Distress (Part 3)

Posted by on Nov 29, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Elder Abuse by the Intentional Infliction of Emotional Distress (Part 3)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 and Part 2 of this series I introduced you to a client of mine that we are calling “Jr” and his stepson “CK”. CK has moved Jr’s wife (his mother) to New Jersey without notice or permission from Jr. In this part we will discuss whether or not Jr has a case under intentional infliction of emotional distress. Based on the facts provided, we have a strong case for IIED. We can establish intent to take the mother/wife from the jurisdiction,...

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Elder Abuse by the Intentional Infliction of Emotional Distress (Part 2)

Posted by on Nov 29, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Elder Abuse by the Intentional Infliction of Emotional Distress (Part 2)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney In Part 1 of this series I introduced you to a new client whom we are calling “Jr”, as well as his stepson “CK”. CK moved his mother (Jr’s wife) from Florida to New Jersey without notice or permission from Jr. In this post we will discuss whether Jr has a case or not. Jr’s best theory to recover is the intentional infliction of emotional distress. The cause of action of intentional infliction of emotional distress has been analyzed by the New...

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Elder Abuse by the Intentional Infliction of Emotional Distress (Part 1)

Posted by on Nov 29, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Elder Abuse by the Intentional Infliction of Emotional Distress (Part 1)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse Attorney A new case has come to our office. I’m used to discussing cases with families where the facts and circumstances of abuse are disturbing. It’s never pleasant, it never gets easier, but it’s a reality for many aging individuals and families. In this case, an elderly man in his nineties (I’ll name him Jr.) is married to his wife, who is 90 years old. They have been married for over 25 years. They lived in Florida. This is Jr’s first marriage, while...

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What Can You Do When The Estate Representative Doesn’t Do His/Her Job? How To Remove an Executor

Posted by on Nov 3, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on What Can You Do When The Estate Representative Doesn’t Do His/Her Job? How To Remove an Executor

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney To remove an individual or corporate agent from the position of executor, you will need to file a verified complaint and an order to show cause in Superior Court alleging that the estate representative is “abusing the trust and confidence required by law of a fiduciary” by failing to finalize the affairs of the estate. NJ.S.A. §3B:14-21. In the relief sought, you can request removal of the executor and substitute your appointment as...

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Can You Legally Prevent Your Ex-Spouse from Becoming the Guardian of your Children if You Die?

Posted by on Oct 23, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Can You Legally Prevent Your Ex-Spouse from Becoming the Guardian of your Children if You Die?

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning & Guardianship Attorney A client approached me and advised me that she is in the process of getting divorced. It’s nasty (divorce generally is). She plans to redo her estate planning. She wants to prevent her husband from gaining custody of her children should she pass away. But can she legally bypass the biological parent as the legal guardian of his children under her Last Will? The answer is (generally speaking) a resounding no! The father has...

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Life Insurance Proceeds Do Not Have to Be Shared with Brother

Posted by on Sep 11, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Life Insurance Proceeds Do Not Have to Be Shared with Brother

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning & Probate Litigation Attorney The topic/issue/question of beneficiary designations comes up often. The correct designation of beneficiaries is a critical consideration in estate planning to avoid estate probate litigation…here’s why I’m going to use a case study to explain. A family member (brother) received $100,000 in life insurance money as the sole beneficiary of his late father’s policy. However, Dad’s will left everything in his Estate...

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Now Here’s a Big Problem; Dad’s Deed Gives One Half of House to Son, Will Gives Entire House to Daughter

Posted by on Aug 16, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Now Here’s a Big Problem; Dad’s Deed Gives One Half of House to Son, Will Gives Entire House to Daughter

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney Recently a client’s dad died. The family found the deed to the house. The deed lists dad and his son (client’s brother) as tenants in common. But the father’s will says the daughter gets the house. The brother was living with the father and is still living there. The sister wants him to leave. She’s dad’s personal representative (Executrix under Dad’s Last Will and Testament). What happens now? Because the brother is listed on the...

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The Case of a Deceased Mother’s Will That Was Never Signed

Posted by on Aug 4, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on The Case of a Deceased Mother’s Will That Was Never Signed

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Probate Litigation Attorney Mom always said she was leaving everything to a client’s brother and daughter equally when they came in to see me. Mom was a widow and died just after Christmas. When her will was found the kids were named as beneficiaries, but mom never signed it! What do they do now? Her main assets are a brokerage account of about $130,000 of which both children are named as death beneficiaries, and a second brokerage account of $110,000 that...

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Lack of Knowledge of Ponzi Scheme Not Sufficient to Hold Financial Broker Liable for Fraud

Posted by on Jul 19, 2017 in Will Contest and Probate Litigation in NJ | Comments Off on Lack of Knowledge of Ponzi Scheme Not Sufficient to Hold Financial Broker Liable for Fraud

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Abuse & Financial Exploitation Attorney The case of Cantillo v. Fraenkel details whether an elderly plaintiff is entitled to damages from a defendant financial planner, based on his bad recommendations to invest $200,000 in an investment company that was later discovered to be a Ponzi scheme.  The investment company and the financial planner both assured plaintiff that his investments were safe and low-risk.  Each denied knowing the company was running a...

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