In an action to change the situs of a trust and change the corporate trustee, the court held that the action was brought in the wrong venue, because the situs of the trust was in another county, and that 20 … Continue reading
Category Archives: Opinions
The New Jersey Tax Court has held that the surviving partner of a long-term same-sex relationship was not entitled to the benefit of the 0% Class A inheritance tax rate when the decedent and the surviving partner never registered in … Continue reading
Guardian of estate of incapacitated person, who had previously been granted the power to pay nursing home costs from principal and who had been authorized to sell real estate, did not have power to consent to judgments against the ward; … Continue reading
Bank accounts in joint names of decedent and daughter became property of daughter upon decedent’s death, and estate did not meet its burden of proving a gift by daughter to estate. Boyce Estate, 4 Fid.Rep.3d 193 (O.C. Del. 2014) (Opinion by … Continue reading
Income beneficiary of charitable remainder trust who was in Haiti during the earthquake on 1/12/2010 was not exposed to “specific peril” and would not be declared dead until seven years had elapsed. Goodyear Trust, 4 Fid. Rep. 3d 171 (O.C. … Continue reading
Appointment of administrator pro tem denied, when conflict of interest, which might incapacitate the executor, was steps taken to defend the will against a contest, which the executor had standing to do (even though without any personal interest under the … Continue reading
Parental rights of incarcerated father, who had a history of criminal activity and has been incarcerated for most of child’s life, were involuntarily terminated. In the Interest of J.M.B., 4 Fid. Rep. 3d 198 (O.C. Bucks 2014) (Opinion by Keller, … Continue reading
Court did not have jurisdiction to approve settlement of litigation in Indiana. Duncan Estate, 4 Fid.Rep.3d 205 (O.C. Fulton 2014) (Order by Meyers, J.) … Continue reading
In a proceeding involving real property owned by three related estates and related individuals, the court approved a private sale among the parties, a partition of the proceeds of sale, and an allocation of costs among the parties. The court … Continue reading
In divorce proceeding of common law marriage, case dismissed because of lack of subject matter jurisdiction (no marriage existed). Court finds both parties in divorce to be untrustworthy, but party claiming common law marriage did not prove with clear and … Continue reading