Matter of Estate of Ehrlich
New Jersey Superior Court, Appellate Division
47 A.3d 12 (2012)
- Written by Rose VanHofwegen, JD
Facts
When trusts-and-estates attorney Richard Ehrlich died, nobody found a signed will. Richard himself had prepared a will, power of attorney, and advanced directive, all witnessed by the same person nine years earlier before life-threatening surgery. Richard told people his will left most of his estate to a close favorite nephew, Jonathan Ehrlich, but an extensive search turned up only an unsigned copy. A note in Richard’s handwriting said he mailed the original to his executor, who died before Richard. The copy directed specific gifts to a niece and nephew Richard had not seen in 20 years, a quarter of the residuary to a former friend, and the remainder to Jonathan. In the intervening years, Richard parted ways with the friend and said he needed to remove her from his will but apparently never did so. Jonathan submitted the copy to probate as Richard’s will, and Richard’s other nephew and niece contested it. The court admitted the will to probate, reasoning Richard must have reviewed and assented to the original as his will given that he had signed an advanced directive and power of attorney the same day. The parties filed cross-appeals.
Rule of Law
Issue
Holding and Reasoning (Parrillo, J.)
Dissent (Skillman, J.)
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