This action to quiet title sought to set aside deeds on various grounds. The real estate at issue was located in Jersey City, New Jersey.  The deeds involved a decedent who was a resident of Kings County, New York, at death, and so the estate was the subject of probate in Kings County, New York. […]

Cohen v. Perelman, et al., Nos. A-3275-14T4 and A-3286-14T4, 2018 WL 6034978 (N.J. Super. Ct. App. Div. Nov. 19, 2018). This decision is the latest in a series involving the same family dispute. This ruling involved an appeal of the trial court’s finding that the decedent’s July 2009 will was valid and enforceable.  The appeals […]

In the Matter of the Estate of Jones, No. A-2557-16T2, 2018 WL 4471686 (N.J. Super. Ct. App. Div. Sept. 19, 2018).  The Appellate Division addressed the difference between joint accounts and convenience accounts, and the standard for undue influence claims in the context of joint accounts. Erna M. Jones (“decedent”) was married to Walter R. […]

In the Matter of the Estate of Castellano, No. A-0165-17T3, 2018 WL 5810264 (N.J. Super. Ct. App. Div. Nov. 7, 2018).  Approved for publication. While the facts of this case are complex, the issue was whether the only child (“Child”) of an intestate decedent (the “decedent”) could be cut off from inheritance through an “equitable […]

Steven K. Mignogna, Esq., Anthony R. La Ratta, Esq., and Melissa Osorio Dibble, Esq. Will Present “Hot Trends in Estate Litigation” for the Camden County Bar Association on Tuesday, December 4, 2018. The 17th Annual Forum on Hot Trends in Estate Litigation will have speakers lead a discussion of current decisions affecting estate litigation at […]

Steven K. Mignogna, Esq. and Melissa Osorio Dibble, Esq. to Present “Fiduciary Litigation Update” for the Greater Middlesex/Somerset County Estate Planning Council on Thursday, November 29, 2018 at Fiddler’s Elbow Country Club from 6:00pm – 8:30pm. To register, click here.

Collateral estoppel and related concepts were deemed to bar the probate of a codicil. John F. Piazza (“decedent”) and his wife, Elly Piazza, had three children: Barbara, John H., and Debra. In February 1992, the decedent and his wife prepared joint and reciprocal wills. Barbara claimed that in 2007, the decedent executed a codicil to […]

David B. West of Dykema Gossett PLLC recently wrote this article on how to, “Avoid Probate Court: Head to Your Bank Instead”. The National Center for State Courts recently published an article titled, “Are Facebook friends really friends?” addressing a recent case before the Florida Supreme Court on the nature of Facebook friendships that involve […]

In re Estate of Horton, No. 339737, 2018 WL 3443383 (Mich. Ct. App. July 17, 2018). Lanora Jones (“Jones”), mother of the decedent, appealed a court order recognizing an electronic document as the valid will of her son, Duane Francis Horton II. The decedent, Duane Francis Horton II, committed suicide in December 2015, at the […]

In the Matter of the Estate of Edward Wlodarczyk, No. A-0258-16T4, 2018 WL 3431779 (N.J. Super. Ct. App. Div. July 17, 2018). Plaintiff Anna Wlodarczyk (“Anna”) appealed from an order granting a motion by Trinity Evangelical Lutheran Church (“Trinity Church”) for involuntary dismissal at the close of Anna’s case. The Attorney General of New Jersey, […]