Egg Harbor Care Ctr. v. Scheraldi, No. A-2956-16T4, 2018 WL 3352770 (N.J. Super. Ct. App. Div. July 10, 2018). This Appellate Division opinion focuses on whether family members can be personally liable for the costs of a loved one’s nursing home care facility. Patricia Scheraldi (“Patricia”) lived in Virginia, where she executed a Durable Power […]

On February 27, 2018, an Alabama court unsealed Harper Lee’s Will on the basis of a lawsuit filed by The New York Times seeking to review the document. The Times argued that wills filed in a probate court in Alabama are typically public records, and that Ms. Lee’s privacy concerns were no different from those […]

In the Matter of the Estate of Louis M. Acerra, 2017 N.J. Super. No. A-1955-15T1, 2017 WL 6048117 (N.J. Super. Ct. App. Div. Dec. 7, 2017). This unpublished Appellate Division case is an example of the intersection between family law and estate law. In particular, this matter involves litigation regarding the administration of an intestate […]

Fiduciary Tr. Internat. of Cal. v. Klein, 9 Cal. App. 5th 1184, 216 Cal. Rptr. 3d 61 (Cal. Ct. App. Mar. 21, 2017). This case out of California deals with the cutting edge issue regarding the attorney-client privilege as it applies to trustees.   The facts of this case center around the Mark Hughes Family Trust […]

In the Matter of the Estate of Mary Jane Lynch, Deceased, 2017 N.J. Super. Unpub. LEXIS 2793, A-5617-14T2 (N.J. Super. Ct. App. Div. Nov. 8, 2017). This case covers a multitude of issues involving the appeal of several trial court Orders. This summary will address only some of the novel and noteworthy issues covered in […]

New Jersey courts have adopted the doctrine of writings intended as wills, admitting to probate non-traditional Wills like DVDs and post-it notes.   Throughout the country there is a movement away from strict compliance to will formalities.  A recent decision out of Australia, illustrates this shift taking place throughout the world.   The Supreme Court of Queensland […]

Melissa Osorio Dibble, an Associate and member of the firm’s Litigation Department, was recently appointed Vice-Chair of the Probate & Fiduciary Litigation Committee of the American Bar Association’s (ABA) Real Property, Trust and Estate Law Section. Her one-year term will start on September 1.

No one likes talking about death.   No one likes thinking about death. However, planning for your death — an inevitable event for all of us — can be one of the simplest ways to control the disposition of your assets after you pass.  A good estate plan can also work to reduce taxes due […]

A trustee’s duty to inform and report as delineated in the Pennsylvania Uniform Trust Act (20 Pa. C.S. §§7701- 7799.3) is substantially different from the New Jersey Uniform Trust Code (N.J.S.A. §3B:31-1-84).  Most notably, the New Jersey Uniform Trust Code does not have the same requirements to notify beneficiaries of their interest in a trust.

This January the New Legislature passed, and Governor Christie signed into law, the New Jersey Uniform Trust Code (“NJ UTC”) after nearly eight years of deliberations. The law, which is effective as of July 17, 2016, provides a comprehensive set of guidelines as to trusts. Some part of the model Uniform Trust Code has been […]