Author: Archer & Greiner, P.C.
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06.20.2016
Steven Mignogna Spoke at NJICLE “The Uniform Trust Code” Seminar
Steven K. Mignogna, a Shareholder in Archer & Greiner’s Haddonfield office, will be speaking on “The Uniform Trust Code” for the New Jersey Institute for Continuing Legal Education. The seminar is being held on June 27th from 9:00 AM – 1:00 PM at the Doubletree Guest Suites in Mt. Laurel, NJ. This seminar will enable […]
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05.16.2016
The Uniform Trust Code Arrives in New Jersey — Finally!
On January 19, 2016, New Jersey enacted the Uniform Trust Code (“UTC”), to take effect on July 17, 2016. The new statute is in Chapter 31 of Title 3B of the New Jersey statutes. This is the first part of a bi-weekly series in which we will discuss New Jersey law generally, and the UTC […]
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05.13.2016
The Battle over Prince’s Estate
The Estate of Prince Rogers Nelson, the artist known as “Prince,” is currently the focus of a battle over the distribution of his assets, estimated to be valued at more than $100 million. Prince is believed to have died without any will, although the Judge in Carver County, Minnesota is giving his family time to […]
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05.06.2016
Steven K. Mignogna Spoke at Two Seminars at Upcoming NJBA Annual Convention
Steven K. Mignogna, a Shareholder in Archer & Greiner’s Haddonfield office, will be speaking on “Uniform Trust Code – The New Legislation and Your Practice” and “Fiduciary Litigation Update” at the New Jersey State Bar Association’s Annual Meeting and Convention, being held May 18th-20th in Atlantic City, NJ. The first seminar Mr. Mignogna is presenting […]
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05.02.2016
Counsel Fees and Costs: Exception to the American Rule
In the Matter of the Estate of Adrian J. Folcher 2016 N.J. LEXIS 330 (N.J., Apr. 26, 2016) Adrian Folcher (“Folcher”) had three children with his first wife, who died in July 2002. In December 2002, Folcher married Bernice Folcher (“Bernice”). In 2003, Folcher and Bernice signed a postnuptial agreement, which provided that any real […]
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04.29.2016
Provisions in Wills as to Counsel Fees and Costs
In the Matter of the Estate of Berry 2016 N.J. Super. Unpub. LEXIS 855 (App. Div., Apr. 15, 2016). Decedent Evelyn Berry had four children from two different marriages. The two older, adult children from her first marriage were Tara and defendant Darryl Fusco. The two younger, minor children from her second marriage were Garrett […]
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04.11.2016
Decanting and Related Issues as to Trustee Liability
In re 2008 Trust for the Benefit of Stefanidis-Perez , 2016 N.J. Super. Unpub. LEXIS 636 (Ch. Div, Essex County, Mar. 22, 2016) Plaintiff was the beneficiary of two trusts, one created in 1997 and the other in 2008. Plaintiff filed suit against her mother, who was also the trustee of the trusts. Plaintiff was […]
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03.09.2016
Court Rules Forgery Must Be Proven By Clear and Convincing Evidence
This is an unreported Appellate Division opinion arising out of Cumberland County. Richard D. Byer, Sr. (“Richard”) died in October, 2012 after having been diagnosed with lung cancer and suffering a stroke. Richard’s estate had assets of nominal value. Richard had a pension with a death benefit of approximately $440,000 and a life insurance policy […]
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03.07.2016
Court Concludes Testamentary Provision in Codicil Could Not Be Effectively Revoked
2016 N.J. Super. Unpub. LEXIS 425 (Ch. Div. Feb., 24, 2016) Decedent Jean M. O’Mealia (“Jean”) was predeceased by her husband, William Francis Xavier O’Mealia (“William”). It was the second marriage for both of them. They had no children together but both had children from their prior marriages. At the time of her death, […]
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03.01.2016
Crossover of Estate and Family Law: O’Hara v. O’Hara, 2016 N.J. Super. Unpub. LEXIS 409 (App. Div., Feb. 25, 2016)
O’Hara v. O’Hara, 2016 N.J. Super. Unpub. LEXIS 409 (App. Div., Feb. 25, 2016) This case epitomizes the increasing overlap between estate and family law. Emmaline and John O’Hara were married in 1955. They had two children, including a son, Kevin, from whom John was estranged. John acquired substantial assets during the marriage, allegedly be […]
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