Andrew R. Macklin
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Andrew R. Macklin practices mainly in the areas of commercial litigation, consumer protection, construction/transition litigation and personal injury. He also represents clients in contested probate matters. Mr. Macklin is a regular contributor to the njprobatelitigation.njlawfirm.com blog.
Mr. Macklin is admitted to the Bar in New Jersey and New York and to the United States District Court for the District of New Jersey. He is an Adjunct Professor at the Fordham University School of Law working with the Brendan Moore Trial Advocacy Center. He is a recent graduate of the Justice Morris Pashman American Inn of Court. Mr. Macklin was selected to SuperLawyers New Jersey Rising Stars in 2010.
He earned his J.D. from the Fordham University School of Law and his B.A. from Emory University. At Fordham, Mr. Macklin served on the Executive Board of the Brendan Moore Trial Advocacy Center, and was Notes & Articles Editor on the Fordham Environmental Law Review.
Mr. Macklin was a second year and third year law clerk at Cohn Lifland Pearlman Herrmann & Knopf LLP.
Blog News
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Missing and Presumed Revoked: Where on Earth is Allan Schenecker's Original Will?
Where a decedent’s original Will is last seen in his or her custody, and it turns up missing, the law presumes that the decedent destroyed it with the intent to revoke its terms. As with many presumptions, this particular presumption may be rebutted. But how? That is the question addressed by New...
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Notes in the Drawer: Admitting Unsigned, Handwritten Notes to Probate
In this very space, back on October 1, 2010, we examined the curious case of Louise R. Macool. Ms. Macool’s draft Will as dictated to her attorney before her untimely demise was not admitted to probate since she had not read it and given her final assent. Despite rejecting that proposed Will,...
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Probable Intent: When Plain Language in a Will May Simply be Ignored
Even where the plain language of a Last Will and Testament is unambiguous as to the identity of beneficiaries and the assets they are to receive, the doctrine of probable intent may lead to a result that directly contradicts that plain language.
That is precisely the scenario examined by New Jersey’s...
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Ademption: More than Just a Word Your Spell-Check Doesn't Recognize
What happens when someone bequeaths a specific asset to a beneficiary but, when the testator dies, the asset is gone? That is one of the questions addressed by New Jersey's intermediate appellate court in an unpublished decision handed down this week, In the Matter of the Estate of Louis S....
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In Terrorem Clauses: More Bark Than Bite
While planning your estate, you may anticipate a disinherited family member or friend making a stink about the contents of your Will. Since combat over the probate of Wills and undue influence over testators can be emotionally and financially draining for the combatants, you may want to short circuit such conflict...
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