Author: Melissa Osorio Dibble
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05.18.2020
Under Doctrine of Probable Intent, Court Decides Beneficiary Designation
In re Estate of DeConca, A-1876-18T1, 2020 WL 1492556 (N.J. Super. Ct. App. Div. Mar. 27, 2020). This case highlights the need to ensure that charitable entities are correctly identified in estate planning documents. The co-executors of the estate filed a complaint seeking direction as to which charitable organization was the intended beneficiary of the […]
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10.29.2019
Court Finds No Abuse Of Discretion In Denying Fee Award Because Beneficiary Has The Right To Examine Executor’s Use Of Estate Funds
In re Estate of Biber, A-3970-17T3 (N.J. Super. Ct. App. Div. June 11, 2019). The Appellate Division analyzed issues surrounding the actions of a guardian of an incapacitated adult. Anna Biber had two children: Peter Biber and Sheldon Biber. Joshua Biber – Anna’s grandson – was the only son of Sheldon. Peter and Joshua were […]
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10.10.2019
Beneficiary Waits too Long to File Claim Against Estate
In re Estate of Tuzzolo, P-104-19, slip op. (N.J. Super. Ct. Ch. Div. June 5, 2019). Plaintiff Susan Bechaw (“Bechaw”) and defendant Francine Cenicola (“Cenicola”) were daughters of the decedent, Philomena Tuzzolo. When the decedent passed away in December 2008, Cenicola was appointed executrix of the decedent’s estate. Two and a half years after the […]
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09.11.2019
In PA, a Name is Enough: No Need to Identify Corporate Assets To Make Valid Transfer to Trust
In re Passarelli Family Trust, 206 A.3d 1188 (PA Super 2019) The Superior Court of Pennsylvania reversed a decree entered in the Orphans’ Court Division of the Court of Common Pleas of Chester County granting the petition of Margaret Passarelli to terminate an irrevocable trust (the “Trust”). Joseph and Margaret Passarelli were married on November […]
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09.11.2019
Another Celebrity Will Contest: Tom Petty’s Estate in Litigation
Tom Petty died of an accidental drug overdose at age 66, on October 2, 2017. Despite having an estate plan, his widow and his daughters from a previous marriage are now in a battle over the implementation of that plan. Petty established the Thomas Early Petty Living Trust, which appointed his wife Dana York Petty […]
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05.29.2019
Divorce Agreement Determines Estate Litigation Outcome
Allen v. Estate of Allen, No. A-2605-17TI, 2019 WL 150169 (N.J. Super. Ct. App. Div. Jan. 7, 2019). This unpublished Appellate Division case covers a number of estate litigation topics, including real estate title issues, rights among spouses, and constructive trusts. The facts of the case are relatively simple. In 1961, Norma Allen (“Norma”) and […]
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04.10.2019
The Doctrine of Standing and the Right to an Accounting in Pennsylvania
In the Matter of Nadzam, Deceased, 2019 PA. Super. 14 (Jan. 14, 2019). JoAnn Domitrovich and Mandy Burket were two of the six children of the decedent, Allen Nadzam (“the decedent”). The decedent died on July 1, 2017. Thereafter, JoAnn initiated an action with the Court of Common Pleas of Beaver County Orphans’ Court in […]
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01.23.2019
New Jersey Appellate Division Outlines Factors for Successful Legal Malpractice Claim
Girard v. Foster, No. A-5190-16T1, 2018 WL 6518667 (N.J. Super. Ct. App. Div. Dec. 12, 2018). This case deals with a legal malpractice claim in the probate context. Plaintiff Anthony J. Girard and his siblings were involved in litigation as to land owned by their mother. Girard and his siblings signed a Consent Order that required […]
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10.25.2018
Slayer Statute: Can Chris Watts, alleged killer of his wife and children, inherit from his spouse?
In a story that has been all over the news this summer, a pregnant Colorado mom — Shan’ann Watts was killed, allegedly by her husband Chris Watts, in August along with her two young daughters. Recently it has been reported that paperwork was filed in probate court in Colorado by Shan’ann’s father revealing she did […]
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10.25.2018
New Guardianship Rules in Pennsylvania Effective June, 2019
The Supreme Court of Pennsylvania has entered an order rescinding and replacing all guardianship rules and four guardianship forms. The new rules will be effective June 1, 2019 and are available here: http://www.pacourts.us/assets/opinions/Supreme/out/Attachmet%20%2010356638238010357.pdf?cb=1?cb. Certain of the new forms — G-02 and G-05 — became effective July 1, 2018. The Supreme Court has also entered an […]
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