Developing Trends in Probate Law and The Exercise of Judicial Discretion in the Surrogates’ Courts

Topic: Part One – Developing Trends in Probate Law. Part Two – The Exercise of Judicial Discretion in the Surrogates’ Courts:  Understanding the Unique Position of the Surrogate in the New Jersey Judiciary and the Statutes, Cases and Court Rules Which Guide the Operation of the Surrogate’s Court and the Exercise of Judicial Discretion.

When: Wednesday, September 21, 2022 from 2:00 PM to 4:00 PM EDT.

Where: Annual Convention, Constitutional Officers Association of New Jersey, Surrogate’s Section, Atlantic City, New Jersey.

Speakers: Donald Craig, Anthony LaRatta, Stephen Mignogna and Melissa Dibble.

Overview: The first hour, “Developing Trends in Probate Law”, is a review of recent cases which impact estate litigation generally and practice in the Surrogate’s Court and/or the Superior Court, Chancery Division, Probate Part specifically. The program material consists of a bound set of over forty case summaries with a table of contents. The speakers will focus on six cases. The second hour, “The Exercise of Judicial Discretion in the Surrogates’ Courts: Understanding the Unique Position of the Surrogate in the New Jersey Judiciary and the Statutes, Cases and Court Rules Which Guide the Operation of the Surrogates’ Courts and the Exercise of Judicial Discretion.” presents an analysis of (1) the provisions within the New Jersey Constitution and Statutes which establish the office and guide its operation and funding, (2) statutes which allow a County to create policies which impact the operation of the Surrogate’s Court, and the cases which limit such authority to the judiciary and (3) the exercise of judicial discretion to common issues in the Surrogates’ Courts when the existing authority provides no clear answer.

 

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