Blog Archives

In probate actions, a party has standing to challenge the probate of a will or a lifetime transfer of assets because of undue influence, if he or she is a beneficiary, either testate or intestate

Posted in *All Posts, Litigation, Probate, Standing, Undue Influence, Will & Testament

Where parties enjoy a relationship in which confidence is naturally inspired or reasonably exists, the person who has gained an advantage due to that confidence has the burden of proving that no undue influence was used to gain that advantage

Posted in *All Posts, Probate, Undue Influence, Will & Testament

When an executor or trustee commits the pernicious tort of undue influence, it should result in an award of all reasonable counsel fees and costs

Posted in *All Posts, Counsel Fees, Probate, Undue Influence, Will & Testament

Not all influence is “undue” influence

Posted in *All Posts, Probate, Undue Influence, Will & Testament

Elements necessary to create a presumption of undue influence

Posted in *All Posts, Last Will & Testament, Undue Influence, Will & Testament

Persuasion is not undue influence if freedom of will remains intact

Posted in *All Posts, Last Will & Testament, Undue Influence, Will & Testament

The burden of establishing a lack of testamentary capacity is upon the one who challenges its existence and that burden must be sustained by clear and convincing evidence

Posted in *All Posts, Last Will & Testament, Undue Influence, Will & Testament

Bank accounts are often referred to as poor man’s wills

Posted in *All Posts, Last Will & Testament, Undue Influence, Will & Testament

Although parent-child relationships are among the most natural of confidential relationships, the mere existence of family ties does not create a confidential relationship

Posted in *All Posts, Last Will & Testament, Undue Influence, Will & Testament

Undue influence

Posted in *All Posts, Last Will & Testament, Probate, Undue Influence, Will & Testament

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Email: Paul@Kostro.com
Fax: 908-232-2277
www.KostroLaw.com
.
Please review our Confidential Mediation services; and visit our NJ Collaborative Divorce webpage.
.
To post (subject to approval) a general public question or comment, go HERE.

Archives