Author: Kelly M. Barry
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02.14.2023
Case Summary: Particular Refunding Bond Deemed Essential Term of Settlement Agreement
In re: Estate of Harriet Ross, Docket No. A-3757-20 (N.J. Super. App. Div. January 20, 2023) Defendant Jeffrey Ross (“Jeffrey”) appealed three orders: (1) an April 16, 2021, Order granting the motion to enforce a second settlement agreement filed by Plaintiff Leslie Ross (“Leslie”); (2) a May 21, 2021, Order amending the April 16, 2021, […]
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02.08.2023
Case Summary: 93/7 Split of Wrongful Death and Survivorship Settlement Funds Divided Between Estates of Married Couple Upheld by Appellate Division
Estate of Tanaka v. Kazary, 2023 WL 382310 (N.J. Super. App. Div. January 25, 2023) Sayoko Tanaka (“Tanaka”) and Keith Rosello (“Rosello”), a married couple, were tragically struck by a vehicle and killed on December 1, 2017. Tanaka died before reaching the hospital, while Rosello lived another four months before succumbing to his extensive injuries. […]
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01.22.2023
Celebrity Estate Plans (Part 2): Honest Abe Died Intestate
President Abraham Lincoln, who guided the United Stated through its bloodiest war and who is oftentimes remembered for being a shrewd lawyer and valiant leader, did not have a will in place when he was assassinated in 1865. President Lincoln’s estate was valued at approximately $110,000 (worth millions today). Under intestacy law at the time […]
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12.22.2022
Celebrity Estate Plans (A Series): The Importance of Keeping Your Estate Plan Current
It made global headlines when retired all-star NBA player Kobe Bryant and his daughter, Gianna, tragically died in a plane crash in January 2020. The famed Kobe left behind his wife, Vanessa, and three daughters. His youngest daughter, Capri, was only 7 months old at the time of his passing. Fortunately, Kobe appears to have […]
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12.02.2022
Electronic Evidence in New Jersey and Pennsylvania: a Primer
This past August, eyes were focused on a Texas courtroom where conspiracy theorist Alex Jones faced a jury tasked with determining damages to award to the family of a Sandy Hook massacre victim for defamation by Jones. While Mr. Jones was on the stand, prosecutors revealed that his attorney inadvertently emailed them two years’ worth […]
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12.01.2022
New York Appellate Division Revokes Letters Testamentary and Letters of Trusteeship
Elena Eckhouse v. Anita Taormina, 202 A.D.3d 669 (N.Y. App. Div. 2022) This action was brought in an effort to revoke letters testamentary and letters of trusteeship from Anita Taormina (“Taormina”). Upon their father’s death in 2008, Taormina and her sister, Elena Eckhouse (“Eckhouse”), were appointed as co-executors of his estate, as well as co-trustees […]
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11.08.2022
Overcoming Presumption of Revocation, Unsigned Will Admitted for Probate
In the Matter of the Estate of Alfred Iapalucci, No. A-3670-20 (N.J. Super. Ct. App. Div. Oct. 5, 2022) The decedent died in 2020. In 2012, he executed a will (“Will”), healthcare power of attorney, and general power of attorney. He left the meeting with original powers of attorney, the sole original Will, as well […]
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11.02.2022
Absent Undue Influence, Appellate Division Upholds Disclaimer
In the Matter of the Estate of Warren A. Theckston, Docket No. A-3111-20 (N.J. Ct. App. Div. September 26, 2022) Warren A. Theckston (“Warren”) died intestate on November 26, 2019. Warren was survived by his four children, James, Jacqueline, Dorothy, and Theresa. James was estranged from his father for approximately fifteen (15) years at the […]
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