Category Archives: Attorneys Fees in Probate Action

Attorneys Fees in Probate Court Actions are NOT Permitted on Proceeds on Life Insurance Policies or Pensions

In the Matter of the Estate of John Oliva, Jr., Superior Court of New Jersey, appellate Division, Docket No. A-2906-04T2, the executrix and sole beneficiary of the estate, Kellie A. McHugh, appealed the Order directing her to pay $17,000 counsel fees to decedent’s parents. The Appellate Division reversed. On September 22, 2002, the decedent named McHugh as the sole beneficiary in a holographic will and the primary beneficiary on his life insurance policy and pension. The decedent committed suicide nine days later. Probate was granted and she was named Executrix. The parents commenced an action

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