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, […]

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 […]

Gately v. Hamilton Memorial Home, 442 N.J. Super. 542 (App. Div. 2015). This decision considered the rights of surviving family members to control the disposition of the remains of a decedent. Decedent John Gately was killed in an automobile accident on October 16, 2009.  His parents had divorced when he was a child.  The mother […]

The New York Times analyzes a recent case out of Massachusetts that spotlights the importance of who signs a nursing home contract. New York Times – “Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?” http://www.archerlaw.com/files/arbitration%20clause%20in%20nursing%20home%20contracts.pdf    

In the Matter of Violet Nelson, No. BER-P-001-15 (Chancery Division Jan. 27, 2016) In this matter, the Court assessed whether it could alter the “plain, unambiguous language of the Trust, based on extrinsic evidence suggesting that the plain, unambiguous language of the Trust is not what the Settlor intended.”  Id. at *1.  The Settlor established […]

The petitioner, Lori Ann Parker, appealed an April 29, 2014 Order that dismissed her Verified Complaint.  Petitioner had sought to set aside her aunt’s Will because, among other reasons, she claimed that her aunt had signed the Will as the result of undue influence and also lacked requisite testamentary capacity. On June 25, 1987, Kathryn […]

Do you have children for whom you have yet to consider paying for education?  Are you thinking your children are young enough and there is plenty of time?  Do you think it’s too late?  Will you qualify for financial aid, and if not, how are you going to pay for it?  Do you have an […]

Leona Helmsley died in 2007 leaving behind nearly $4.8 billion in assets.  The four executors of her estate, including two of her grandchildren, have sought $100 million to cover their costs of dealing with her many bequests.   The Attorney General is contesting their fees.  The Attorney General suggests that the payment to the executors be […]

IN THE MATTER OF THE ESTATE OF JANE P. SOGLIUZZO. SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION DOCKET NO. A-0882-14T2; Decided December 17, 2015 2015 NJ Super Unpub LEXIS 2921   Jane P. Sogliuzzo died in 2008.  She left a son, John Sogliuzzo, and a daughter, Jane Adkins. Individually and as executor of her mother’s […]

Decided December 11, 2015 SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0878-14T2 2015 NJ Super LEXIS 204 Approved for publication In this case of first impression, the Appellate Division interpreted N.J.S.A. 3B:5-14.1(b)(1), which provides that a parent who is deemed to have “abandoned” his or her child “by willfully forsaking” the child is […]