In re Estate of Mark A. Rayner, Docket No. A-2619-20 (N.J. Super. App. Div. Nov. 9, 2023) This matter concerns a will contest between Carol Petty, the decedent’s sister, and Colleen Kelly-Rayner, the decedent’s widow.  Carol appealed three orders entered by the trial court: (1) granting summary judgment in favor of Colleen that awarded her […]

In re A.S.E., Docket No. A-1873-21, 2023 WL 2335703 (N.J. Super. App. Div. March 3, 2023) This matter concerns an appeal by a father (Greg) of an order denying his requests for: (1) removal of his ex-spouse (Liz) as guardian of their incapacitated son (Adam), and (2) appointment of Greg as Adam’s guardian.  Greg also […]

In the Matter of the Estate of E.L., A-1906-20 (App. Div. November 21, 2022) This matter concerns an appeal of professional fees awarded in connection with the guardianship and estate of E.L. (Emma). Prior to Emma’s death, she was declared incapacitated and an attorney (“GAL”) was appointed to serve as Emma’s guardian ad litem.  Another […]

In the Matter of A.V.B., an Alleged Incapacitated Person, No. A-2863-20 (N.J. Super. Ct. App. Div. October 6, 2022) This case was commenced by W.B. (Wayne) as a conservatorship action on behalf of his mother, A.V.B. (Angie).  V.B.D. (Vera), Angie’s daughter, filed an answer but did not raise any affirmative defenses. The trial court appointed […]

Chandler v. Kasper, A-2143-20 (App. Div. June 14, 2022) In Chandler v. Kasper, Docket No. A-2143-20 (App. Div. October 7, 2021), the Appellate Division dismissed a plaintiff’s cause of action under the Survivor’s Act (N.J.S.A. 2A:15-3), finding that the plaintiff (the decedent’s daughter) did not have standing to file a lawsuit under the Survivor’s Act […]

Testa v. State, A-0693-20 (App. Div. April 20, 2022) Relying on the Uniform Unclaimed Property Act (“UUPA”), N.J.S.A. §§ 46:30B-1 to -109, plaintiff alleged he was entitled to monies that had escheated from his deceased parents’ estates to the New Jersey Unclaimed Property Administration. At the trial level, plaintiff’s complaint was dismissed under Rule 4:6-2(e), […]

Kesselman v. Kesselman, No. A-3620-19 (App. Div. March 2, 2022) The issue on appeal was whether issue preclusion under res judicata and collateral estoppel were applicable to the plaintiff’s complaint. In its analysis, the Appellate Division discussed the applicability of the Constitution’s full faith and credit clause, and then thoroughly addressed the respective interpretations of […]