Client to Prepare Interrogatory Questions in Contested Probate Cases in Court

Client to Prepare Interrogatory Questions in Contested Probate Cases in Court

      Under the court rules, the attorneys for the different parties must provide what is known as discovery. The clients must answer written questions, under oath, posed by the adversary attorney. These are called Interrogatories.

         I highly recommend my clients to prepare specific Interrogatory questions, in writing, which we will pose to our adversary to have their client answer. 

         You could also prepare a list of specific documents, which you demand that they produce. Therefore, I am recommending that you type up between twenty to forty questions to pose upon the other side, together with a list of any documents, which you would like to see which are in their possession. These are similar to questions you may want to have us ask the other person at a deposition. We request that you email questions to our office within fourteen days.  

         The parties can also be required to produce documents under a formal written request to produce documents. We call these Request for Documents.                

         The other discovery technique is called Request for Admissions. That is where you type up specific facts, where the answer would be “yes”. These are different from Interrogatory questions.

     In some cases, questioning under oath before a court reporter is held.  

That is called a deposition, but the costs often exceed $1,000.00.

Removed executor not entitled to commission In the Matter of the Estate of Hauke

Co-executors appealed approval of the accountings of their parents' estates and imposition of surcharges on them. Decedents died in 2011 and 2012. Co-executors, sons of decedents, hired an accounting company owned by one co-executor to handle the estates' and trusts' accountings. Another son filed an action to compel accountings and trial judge removed co-executors for failure to comply with orders to file an accounting and appointed an administrator. Administrator ended up filing a motion to enforce litigant's rights alleging co-executors failed to cooperate. In 2015, trial judge compelled co-executors to produce tax records and threatened them with contempt. Litigation over mother's estate led to a settlement and release. Administrator filed two separate accountings and trial judge issued an opinion in 2018. Court rejected co-executors' arguments that trial judge abused her discretion, misapplied applicable law and failed to make appropriate findings of fact. Trial judge engaged in extensive analysis, reviewed the cases' extensive procedural history and properly refused to consider the release because it was not raised until closing argument. Trial judge also properly refused to admit allegedly missing accountings three weeks into the trial, found co-executor's testimony not credible as to work his accounting firm allegedly did for the estates and co-executors were not entitled to commissions for work they performed before they were removed.

Source https://www.law.com/njlawjournal/almID/1585203030NJA520017T/

County Surrogate Information During Covid-19 Pandemic

County Surrogate Information During Covid-19 Pandemic 

County	County Surrogate	Website	Email	Hours of Operation (M-F)	Open to the Public	Additional Information
Atlantic	James Curcio	https://www.atlantic- county.org/surrogate/	pio@atlantic- county.org	8:30 a.m.- 4:30 p.m. (Mays Landing)	In person visits suspended until further notice	For emergency assistance, call Surrogate James Curcio at (609) 705-2572.  The Atlantic City office is temporarily closed. All services provided by the Atlantic County Surrogate's Court are available at: 5911 Main St.  Mays Landing NJ Phone: (609) 645-5800
Bergen	Michael R. Dressler	https://bergencountysurrogate. com/	bersurr@co.bergen. nj.us	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office:  To contact Surrogate Michael Dressler: bersurr@co.bergen.nj.us To contact the Correspondence Division: bersurrcorrespondence@co.bergen.nj.us To contact the Probate Clerks: bersurrprobate@co.bergen.nj.us  To contact the Court Division: bersurrcourt@co.bergen.nj.us To contact our Records Room: bersurrrecords@co.bergen.nj.us To contact the Finance Division: bersurrfinance@co.bergen.nj.us To contact the Letters Division: bersurrletters@co.bergen.nj.us  Phone: (201) 336-6700

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Burlington	Mary Ann C. O'Brien	http://www.co.burlington.nj.us /538/Surrogate	surrogates@co.burli ngton.nj.us	8:00 a.m. - 4:30 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (609) 265-5005 Fax: (609) 261-4511  Mail: 50 Rancocas Road, 1st Floor P.O. Box 6000 Mount Holly, NJ 08060  Emergency situations will be handled on a case- by-case basis.
Camden	Deputy Surrogate, Cheryl Nidorf Austin	https://www.camdencounty.co m/service/surrogate-court/	Cheryl.Austin@cam dencounty.com	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	During the closure through March 31, 2020, the Camden County Surrogate’s Court will be accepting only EMERGENT matters concerning guardianship applications via email to Deputy Surrogate, Cheryl Nidorf Austin Cheryl.Austin@camdencounty.com.  Phone: (856) 225-7282
Cape May	Dean Marcolongo	http://www.capemaycountynj. gov/545/Surrogate	surrogate@co.cape- may.nj.us, Dean.Marcolongo@ co.cape-may.nj.us		Open for in person visits, call to confirm	Please use the following to contact the Surrogate’s Office: Phone: (609) 463-6666 Fax: (609) 463-6454  Mail: 9 N. Main Street Cape May Court House, NJ 08210
Cumberland	Douglas M. Rainear	http://www.co.cumberland.nj. us/countysurrogate	douglasra@co.cumb erland.nj.us	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Court House 60 W. Broad Street, Suite A111 Bridgeton, NJ 08302  Phone: (856) 453-4800 Fax: (856) 451-7356 Probate: mairaro@co.cumberland.nj.us (856) 453-4805 almari@co.cumberland.nj.us (856) 453-4803 Court filings:  shawnpl@co.cumberland.nj.us (856) 453-4804  Minor or Atty. Accounts: rebeccagu@co.cumberland.nj.us (856) 453-4806

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Essex	Alturrick Kenney	https://essexsurrogate.com/	info @surrogate.essexco untynj.org	8:30 a.m. – 1:00 p.m.	Open for in person visits, call to confirm	Please use the following to contact the Surrogate’s Office: Phone: (973) 621-4901 Fax: (973) 621-2647
Gloucester	Giuseppe Chila	http://www.gloucestercountynj .gov/depts/s/surrogate/default. asp		8:00 a.m. – 4:30 p.m.	Open for in person visits, call to confirm	Please use the following to contact the Surrogate’s Office: Phone: (856) 853-3282
Hudson	Tilo E. Rivas	https://www.hudsonsurrogate. org/	HCSURROGATE@ HCNJ.US	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	All emergent matters must be emailed to Paul Morales II, Esq., Special Deputy Surrogate, at rmorales@hcnj.us  Please use the following to contact the Surrogate’s Office: Phone: (201) 795-6378 Fax: (201) 795-5488  Email: hcsurrogate@hcnj.usMail: Hudson County Surrogate 583 Newark Avenue, 1st Floor Jersey City, NJ 07306
Hunterdon	Susan J. Hoffman	https://www.co.hunterdon.nj.u s/depts/surrog/message.htm	surrogate@co.hunte rdon.nj.us	7:45 a.m. - 5:15 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (908) 788-1156 Fax: (908) 788-1586  There will be a receptacle in the lobby of the Justice Center to deposit filings, documents, checks, etc.
Mercer	Diane Gerofsky	http://www.mercercounty.org/ government/county- surrogate/the-surrogates-office	dgerofsky@mercerc ounty.org	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: dgerofsky@mercercounty.orgPhone: (609) 989-6331  All emergent matters are being handled by the law/civil division.
Middlesex	Kevin J. Hoagland	http://www.middlesexcountynj .gov/Government/Departments /CS/Pages/Surrogate/Surrogat e-.aspx			In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (732) 745-3055

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Monmouth	Rosemarie D. Peters	https://co.monmouth.nj.us/pag e.aspx?ID=130	pcoyne@co.monmo uth.nj.us	8:30 a.m. - 4:00 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (732) 431-7330 Email: pcoyne@co.monmouth.nj.us
Morris	Heather Darling	https://surrogate.morriscounty nj.gov/	surrogate@co.morri s.nj.us	8:30 a.m. to 4:30 p.m. (M, W, Th., and F) 4:30 p.m. to 6:30 p.m. on (T)	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone:(973) 285-6500 Fax: (973) 829-8599  Email: surrogate@co.morris.nj.us Mail: Morris County Surrogate Court P.O. Box 900  Morristown, NJ 07963-0900
Ocean	Jeffrey W. Moran	https://www.co.ocean.nj.us/O C/surrogate/	ocinfo@co.ocean.nj. us		In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (732) 929-2011
Passaic	Bernice Toledo	http://www.passaiccountynj.or g/government/elected_and_ap pointed_officials/passaic_coun ty_surrogate/index.php	bernicet@passaicco untynj.org		In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (973) 881-4760 Email: Surrogateinfo@passaiccountynj.org
Salem	Nicki Burke	https://surrogate.salemcountyn j.gov/	Surrogate@salemco untynj.gov	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (856) 935-7510 ext. 8323 Fax: (856) 339-9359  You can also contact staff at one of the following email addresses:  lisa.giovanetti@salemcountynj.govshermayne.va naman@salemcountynj.gov donna.rosenstock@salemcountynj.gov ch_sparks@salemcountynj.gov  nicki.burke@salemcountynj.gov The Surrogate’s Court is also postponing all  home estate visits, speaking engagements, meetings, and marriage ceremonies through the end of March. They will also not be providing any notarization of documents to the public.

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Somerset	Frank Bruno	https://www.co.somerset.nj.us/ government/elected- officials/surrogate	SurrogatesOffice@c o.somerset.nj.us	8:30 a.m. - 4:30 p.m.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (908) 231-7003 Fax: (908) 541-5061
Sussex	Gary Chiusana	http://www.sussexcountysurro gate.com/	surrogate@sussex.nj .us		In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: Phone: (973) 579-0920 Fax: (973) 579-0909
Union	James S. LaCorte	https://ucnj.org/surrogate/	sbadri@ucnj.org	Mon. & Thurs. 8:30 a.m. - 12:30 p.m. For Phone: fax or email only.	In person visits suspended until further notice	Please use the following to contact the Surrogate’s Office: sbadri@ucnj.org Fax: (908) 351-9212  Phone: (908) 527-4280
Warren	Kevin O'Neill	http://www.co.warren.nj.us/su rrogate/	mgardner@co.warre n.nj.us	8:00 a.m. - 4:30 p.m.	In person visits suspended until further notice  Call to inquire about in person meetings

No more license suspension for drug offense in NJ

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:

……
(4) Possession of 50 grams or less of marijuana, including any adulterants or dilutants, or five grams or less of hashish is a disorderly person.

Any person who commits any offense defined in this section while on any property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus, and who is not sentenced to a term of imprisonment, shall, in addition to any other sentence which the court may impose, be required to perform not less than 100 hours of community service.
http://www.njlaws.com/marijuana.html?id=595&a=

Criminal Offense Penalties

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year max
community service 180 days maximum

Disorderly- fines: $1,000 Fine maximum under 2C: 43- 3
plus mandatory costs, VCCO and other penalties
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, plus usual Probation, drug testing, DNA testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. After December 19, no more mandatory driver’s license suspension

39:4-56.5 Abandonment of motor vehicle revised 2019 No more mandatory su...

39:4-56.5 Abandonment of motor vehicle revised 2019 No more mandatory suspension First offense: fine $100 $500 plus court costs Subsequent offense: fine $500 $1000
a. It shall be unlawful for any person to abandon a motor vehicle on or along any highway, other than a limited access highway, or other public property or on any private property without the consent of the owner or other person in charge of the private property. A vehicle which has are mained on or along any highway or other public property or on private property without such consent for a period of more than 48 hours or for any period without current license plates shall be presumed to be an abandoned motor vehicle . Vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.
b. It shall be unlawful for any person to abandon a motor vehicle on or along any limited access highway without the consent of the State Department of Transportation or other entity having jurisdiction over the limited access highway, as the case may be. A vehicle which remains on or along the highway for a period of more than four hours or for any period without current license plates shall be presumed to be an abandoned motorvehicle. Legally parked vehicles, such as vehicles parked in a designated rest area for not more than 12 hours, or vehicles used or to be used in the construction, operation, or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this section.
c. Any person who violates this section shall be subject for the first offense to a fine of not less than $100 nor more than $500. For any subsequent violation the person shall be subject to a fine of not less than $500 or more than $1,000.

39:6B-2 Penalties revised for No insurance insurance coverage- No more m...

39:6B-2 Penalties revised for No insuranceFailure to carry motor vehicle insurance coverage- No more mandatory DL suspension

First offense: Fine and a period of

community service as determined

by the court, and OPTIONAL suspension of

driving privileges for 1 year

fine $300 $1000 plus court costs

Plus 9 car insurance points and $750 in MVC surcharges per offense

No insurance 2^nd& Subsequent offense: 

Shall be subject to 14 days

imprisonment, mandatory 30 days

community service and

 suspension up to two years

fine up to $5000 plus court costs

Plus 9 car insurance points and $750 in MVC surcharges per offense

39 :6B-2 Penalties. New law 2019 No more mandatory suspension

   An owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by P.L.1972, c.197 (C.39:6B-1 et seq.), and an operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by P.L.1972, c.197 (C.39:6B-1 et seq.) shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.  

Court affirmed on donative intent of a charity bequest IN THE MATTER OF THE ESTATE OF LOIS N. DECONCA,

Court affirmed on donative intent of a charity bequest
IN THE MATTER OF THE ESTATE OF LOIS N. DECONCA,

Deceased. ____________________________

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
DOCKET NO. A-1876-18T1

Argued January 9, 2020 – Decided March 27, 2020
Before Judges Alvarez and DeAlmeida.
On appeal from the Superior Court of New Jersey, Chancery Division, Monmouth County, Docket No. P- 000101-18.

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

PER CURIAM
Lois N. DeConca's April 11, 2014 will was admitted to probate November
13, 2017. The co-executors, including David H. Coates, thereafter filed a

verified complaint seeking the court's direction regarding which charitable organization was the intended beneficiary of a revocable trust: The National Alzheimer's Association (AA), headquartered in Chicago, Illinois, Greater New Jersey Chapter, or Alzheizmer's New Jersey, Inc. (ANJ). Judge Katie A. Gummer, P.J. Ch., rendered a decision on November 29, 2018, after conducting a bench trial in which she found that the intended beneficiary was ANJ. We affirm.
The relevant revocable trust language states:
12. FIVE PERCENT (5%) to ALZHEIMER'S ASSOCIATION, NEW JERSEY, 400 Morris Avenue, Suite 257, Denville, New Jersey 07834.
During the trial, among others, Coates testified as did Kenneth Zaentz, currently the Chief Executive Officer of ANJ. The judge found both to be credible witnesses.
Zaentz testified ANJ was created after leaving an earlier affiliation with the National Alzheimer's Association at a particular Denville address. After disaffiliating with the national organization, ANJ filed a certificate of incorporation on December 16, 2015, under the new name. Previously, the affiliated organization at that Denville address was known as the Alzheimer's Disease and Related Disorder Association, Inc., Greater New Jersey Chapter.

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After detailed examination of the documents admitted in evidence, and consideration of the testimony of all the witnesses, the judge held that ANJ was "not a new organization . . . but really had been the New Jersey Alzheimer's entity."
DeConca created the revocable trust in October 2000, named the recipient of certain funds held in trust as the "Alzheimer's Association," and specified a Chicago address. That beneficiary designation survived amendments to the estate documents until 2009, when DeConca revised the revocable trust to gift to "Alzheimer's Association New Jersey Chapter . . . Denville . . . ." Although no such entity then existed by that name, the "Alzheimer's Disease and Related Disorders Association, Inc., Greater New Jersey Chapter" was located at the Denville premises, and in 2015 became ANJ. At that time, the national organization did not have a New Jersey chapter.
Decedent's contacts with the national organization ended in March 2007. Her last donation to the national organization was made in March 2009. Only then did she amend the reference in her trust documents to Denville. She had actually obtained the address from the national office.
Thus, Judge Gummer concluded DeConca probably intended to limit her gift-giving to New Jersey residents. Since ANJ "is more focused on New Jersey

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concerns than the national entity even [as compared with] the now local chapter of the national entity[,]" the distribution should be made to ANJ.
On appeal, AA raises the following points:
I. THE TRIAL COURT'S CONCLUSION THAT MRS. DECONCA'S PROBABLE INTENT WOULD HAVE BEEN FOR THE BEQUEST TO GO TO [ANJ] IS NOT SUPPORTED BY ADEQUATE, CREDIBLE, AND SUBSTANTIAL EVIDENCE.

1. Doctrine of Probable Intent.
2. The trial court did not employ the analysis

that it outlined.
C. There is not adequate, substantial and credible evidence below for the trial court's conclusion.
D. The Trial Court's conclusion did not turn on credibility.
II. A NEW TRIAL IS NOT NECESSARY; THIS COURT HAS THE POWER TO RENDER JUDGMENT.
N.J.S.A. 3B:3-33.1 delineates the doctrine of probable intent. The statutory focus, whether of the construction of dispositions in a will or trust documents, is to implement "[t]he intention of a testator . . . ." The doctrine of probable intent has "a 'broader and more liberal approach to will construction

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. . . .'" In re Estate of Flood, 417 N.J. Super. 378, 381 (App. Div. 2010) (quoting In re Estate of Burke, 48 N.J. 50, 63 (1966)).
"The doctrine of probable intent is not applicable where the documents are clear on their face and there is no failure of any bequest or provision." In re Estate of Gabrellian, 372 N.J. Super. 432, 443 (App. Div. 2004). "[P]resumed probable intent must be applied sparingly and only where necessary to give the effect to the intent of the will or trust without varying the terms of the document." Id. at 441.
In instances where intent of the will or trust is unclear, "[t]he doctrine permits the reformation of a will in light of a testator's probable intent by 'searching out the probable meaning intended by the words and phrases in the will.'" Flood, 417 N.J. Super. at 381 (quoting Engle v. Siegel, 74 N.J. 287, 291 (1977)). "Moreover, extrinsic evidence may be offered not only to show an ambiguity in a will but also, if an ambiguity exists, 'to shed light on the testator's actual intent.'" Ibid. (quoting Wilson v. Flowers, 58 N.J. 250, 263 (1971)).
Interpretation of a term within a trust is confined to "the four corners of the document and the language therein . . . ." In re Trust Under Agreement of Vander Poel, 396 N.J. Super. 218, 226 (App. Div. 2007). "To that end, in interpreting a will, courts in this State endeavor to 'ascertain the intent of the

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testator.'" In re Probate Will of Lee, 389 N.J. Super. 22, 38 (App. Div. 2006) (quoting In re Estate of Payne, 186 N.J. 324, 335 (2006)); see also In re Estate of Benner, 152 N.J. Super. 435, 441 (App. Div. 1977) (citing Fidelity Union Trust Co. v. Robert, 36 N.J. 561, 564-66 (1962)). The court subsequently "consider[s] the circumstances surrounding its execution and other extrinsic evidence of intention." Vander Poel, 396 N.J. Super. at 226 (citing Payne, 186 N.J. at 335; Fidelity Union, 36 N.J. at 564–66; In re Trust Under Agreement of Voorhees, 93 N.J. Super. 293, 298–300 (App. Div. 1967)). Furthermore,
[t]he trial court is not "limited simply to searching out the probable meaning intended by the words and phrases in the will." [Engle, 74 N.J. at 291.] Extrinsic evidence may "furnish[] information regarding the circumstances surrounding the testator [and] should be admitted to aid in ascertaining [the testator's] probable intent under the will." [Flowers, 58 N.J. at 260.] To be sure, the testator's own expressions of his or her intent are highly relevant. Id. at 262–63. Once the evidence establishes the probable intent of the testator, "the court may not refuse to effectuate that intent by indulging in a merely literal reading of the instrument." Id. at 260.
[Payne, 186 N.J. at 335 (second, third, and fourth alterations in original).]
Judge Gummer reviewed the corporate documents and other documentary evidence in detail, in addition to her reliance on the testimony of those witnesses

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she found credible. She reviewed DeConca's history with the organizations as well as, to the extent necessary, the activities of the organizations themselves.
Our "[c]ourts are enjoined to 'strain' toward effectuating the testator's probable intent 'to accomplish what he would have done had he envisioned the present inquiry.'" Lee, 389 N.J. Super. at 39 (quoting In re Estate of Branigan, 129 N.J. 324, 332 (1992)) (alteration in original) (citation omitted).
Judge Gummer properly focused on effectuating DeConca's probable intent. The "[e]xtrinsic evidence" she relied upon included correspondence with, and donations to, both organizations. Flowers, 58 N.J. at 260.
In light of the documents and the settlor's contacts with the national organization, the record supports the conclusion that an ambiguity existed as to which beneficiary should benefit. The judge's decision that the designated beneficiary was probably intended to be ANJ is well supported by the credible evidence in the record. See id. at 58 N.J. at 262-63; Vander Poel, 396 N.J. Super. at 226 (citing Payne, 186 N.J. at 335); In re Trust Created by Agreement Dated December 20, 1961, ex. rel. Johnson, 194 N.J. 276, 282, 286 (2008). The judge took into account DeConca's use of the Denville address in the trust document and for gift-giving during her life. DeConca was aware of the address of the

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headquarters of the national association in Chicago, but did not use it for either purpose after 2009.
Judge Gummer's reliance on the credibility of the witnesses was unobjectionable. It is always the province of the factfinder to determine which witness is credible and to what extent. See Estate of Hanges v. Metropolitan Property & Cas. Ins. Co., 202 N.J. 369, 389 n.13 (2010).
We are satisfied that the trial court's assessment, based on the relevant legal precedent, of the settlor's probable intent was solidly grounded. Thus, we do not address AA's second point. Having affirmed Judge Gummer, there is no need for us to exercise original jurisdiction or remand for a new trial. Affirmed.