ESTATE & TRUST LITIGATION (2006)
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Featuring CD-ROM with sample formsWritten by Steven K. Mignogna, Esq.
Editor and Contributing Author: Glenn A. Henkel, Esq.
GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
STEVEN K. MIGNOGNA, ESQ.
Probate litigation has increased dramatically in the last decade. This trend is expected to continue, due in part to families having more money and assets at stake, and to the growing litigious nature of the population in general.
Why you need this book…
In New Jersey, probate litigation is subject to a host of rules and procedures, most of which are enforced strictly. This comprehensive treatise will provide everything you need to successfully prepare for and litigate an estate matter. The author begins with the historical background and then reviews the most current rules and procedures. He provides a concise analysis of actions to probate wills, will contests, pre-death disputes, guardianships, spousal claims, accountings, fiduciary and attorney compensation, and claims by and against fiduciaries. You’ll also find information on legal malpractice, claims against third parties, settlement techniques, novel claims, and modern trends in probate litigation. Embedded throughout are useful case citations that help reinforce the author’s discussion.
Special Feature…
Included at the end of each chapter are many sample forms that can save you and your staff valuable hours of typing and drafting time. You’ll also receive a CD-ROM with sample forms that you can cut and paste directly into your own documents.
Chapter 1
JURISDICTIONAL AND PROCEDURAL ISSUES OF PROBATE LITIGATION
Historical Background • Current Rules • Actions To Probate Wills • Domicile • Family Part Versus Probate Part • Right To Jury Trial In Probate • Entire Controversy Doctrine And Res Judicata • Federal Jurisdiction • (Form 1a, Discovery and Scheduling Order)
Chapter 2
DISPUTES AS TO PRE-DEATH CONDUCT OR ASSETS PASSING OUTSIDE A WILL
Dead Man’s Act • Claims For Services Rendered • Contracts To Make A Will • Palimony • Paternity Claims* Powers of Attorney • Gifts • The Intent Requirement • The Delivery Requirement • Specific Contexts as to Gifts • Gifts causa mortis • Husband and Wife • Parent and Child • Life Insurance
• Conflicts of Law • Joint Accounts and Life Insurance Beneficiary Designations • The Unique Problem of Statutes of Limitations and Laches • (Form 2a, Complaint To Invalidate Power Of Attorney, Will, And Pre-Death Transfers; Form 2b, Complaint To Challenge Power Of Attorney; Form 2c, Complaint To Invalidate Will And Beneficiary Designation)
Chapter 3
GUARDIANSHIPS AND CONSERVATORSHIPS
Guardianships: Jurisdiction and Venue • Procedural Issues (Who May Commence Proceeding; Guardianships of Minors; Guardianships of Mentally Incapacitated Persons) • Appointments, Powers, and Duties Generally • Special Medical Guardians • Guardians Ad Litem (Appointment; Duties and Responsibilities; Compensation) Conservatorships: Conservatorships vs Guardianships • Jurisdiction and Venue • Procedural Issues • Hearings • Conservators: Eligibility, Powers, & Duties • (Form 3a, Order To Show Cause; Form 3b, Complaint For Declaration Of Incapacity; Form 3c, Report of Physician as to Incapacity; Form 3d, Sample Report of Counsel for Incapacitated Person; Form 3e, Judgment Declaring Incapacity and Appointing Guardian)
Chapter 4
DISPUTES REGARDING THE VALIDITY AND INTERPRETATION OF WILLS & TRUSTS
Procedural Issues; Standing • Grounds To Contest a Will • Undue Influence • Disputes as to Construction (Form 4a, Caveat; Form 4b, Withdrawal of Caveat: Form 4c, Complaint For Probate of Will Despite Caveat and to Enforce In Terrorem Clause; Form 4d, Complaint to Set Aside Will as Revoked; Form 4e, Complaint to Invalidate Will as Invalid • Form 4f, Complaint to Invalidate Will and Asset Transfers; Form
“ESTATE AND TRUST LITIGATION is a valuable guide to handling and resolving probate disputes in New Jersey. Steve Mignogna and Glenn Henkel have written a volume that provides a detailed summary of the law and practical advice for attorneys. It is an important tool for lawyers practicing in this quickly growing field.”
Warren K. Racusin, Esq.
McElroy, Deutsch, Mulvaney & Carpenter, LLP (Newark)
“We finally have a well organized synthesis of New Jersey law as it relates to estate and trust litigation. I use it for client matters, preparation for seminars and annual supplements to my treatise on estate planning and administration. It is just the kind of good work I would have expected of my ACTEC colleagues.”
Robert D. Borteck, Esq.
Edwards & Angell, LLP (Short Hills)
“ESTATE & TRUST LITIGATION is a very articulate, well-organized, and practical guide to the many types of probate litigation encountered in New Jersey, each with its special procedural and legal nuances. It will prove invaluable both to the seasoned litigator who only occasionally litigates probate matters, and to the trusts and estates lawyer who spends most of his or her time in the office advising clients on estate planning and administration. The many forms provided will be useful to all of us who litigate probate matters – no more starting from scratch most of the time!”
Dick Kahn, Esq.
Pitney Hardin LLP (Morristown) |
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