Reproduced with permission of Trusts & Estates magazine (March 2007).
Although other states have increasingly recognized the tort of intentional interference with an inheritance, New Jersey has been slow to do so. Many practitioners prefer to bring a tort action rather than a straight undue influence claim because of the availability of punitive damages, often in the form of attorneys' fees. But a New Jersey Superior Court seems to have found a new approach. It has allowed the shifting of attorneys' fees in an undue influence case, Blumeling v. Stalker, 2006 WL 721837 (N.J. Super. March 20, 2006.)
Gladys Blumeling owned a home in Bergenfield, N.J., from 1939 until January of 2004. Her grandson, Jon Stalker, lived with her for a time. In January of 2004, Gladys, then 91-years-old, deeded her property to Jon and executed a will naming him as executor and primary beneficiary. She also signed a power of attorney designating Jon as her agent. Shortly thereafter, Jon died.
