3B:2-3. Jurisdiction of Superior Court over surrogate's proceedings
The Superior Court shall have jurisdiction to hear and determine disputes or doubts arising before the surrogate or in the surrogate's court of a county, to review in any order, determination or judgment of the surrogate or the surrogate's court of county and upon the review to hear and determine the matter, and to grant relief from or to direct the entry of, as of a former time, any order, determination or judgment of the surrogate or the surrogate's court of a county.
Tuesday, December 23, 2008
3B:2-2. General authority of Superior Court as to probate matters
3B:2-2. General authority of Superior Court as to probate matters
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over the accounts of fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title.
3B:2-1. Jurisdiction of Superior Court not affected
3B:2-1. Jurisdiction of Superior Court not affected
The provisions of this title are not intended and shall not be so contrued as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
The provisions of this title are not intended and shall not be so contrued as in any way to affect, impair, or limit the original general jurisdiction of the Superior Court given to it by the constitution.
3B: 1-9 Effect of fraud and evasion
3B: 1-9 Effect of fraud and evasion
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commision of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affeccts the succession of his estate.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser or lender) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commision of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affeccts the succession of his estate.
3B: 1-8 Application of title to wills
3B: 1-8 Application of title to wills
The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978.
The provisions of this title shall apply to any wills of decedents dying on or after September 1, 1978.
3B: 1-7 Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decent
3B: 1-7 Exclusion of property passing to a testamentary trustee other than by devise from rights of personal representative or creditors of decent
Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a personal representative or to rights of creditors to any extent beyond that to which it would otherwise be if the testamentary trust was an inter vivos trust.
Property passing to a testamentary trustee other than by devise shall not be subject to rights of, powers of or to administration by a personal representative or to rights of creditors to any extent beyond that to which it would otherwise be if the testamentary trust was an inter vivos trust.
3B: 1-6 Law governing rights, duties and powers of fiduciaries
The provisions of this title shall govern the rights, duties, and powers of successors and fiduciaries relating to the administration of all estates except that the validity and propriety of all acts done by a fiduciary and all rights established in successors prior to September 1, 1978, shall remain determined under the law as then in effect.
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