Woytas v. Greenwood Tree Experts, Inc., No. A-1029-16T1, 2018 WL 3404123 (N.J. Super. Ct. App. Div. July 13, 2018). Plaintiff was the surviving widow of decedent and the administrator of his estate. The adverse party was the decedent’s ex-wife.  The marital separation agreement with the ex-wife required the decedent to maintain life insurance policies naming […]

In the Matter of the Estate of Edward J. Valentine, Sr., No. A-4434-16T3, 2018 WL 3131149 (N.J. Super. Ct. App. Div. June 27, 2018). This appeal concerned the executor’s application to sell the house of Edward J. Valentine, Sr. (“decedent”). Id. at *1.  The decedent’s last will divided his estate among his five children. Id.  […]

In the Matter of the Estate of Jerry Anthony Siracusa, III, No. A-4966-16T4, 2018 WL 3131152 (N.J. Super. Ct. App. Div. June 27, 2018). This appeal concerned the appointment of a personal representative for the estate of Jerry Anthony Siracusa, II, who died intestate. Id. at *1.  The decedent’s father applied to be appointed as […]

In the Matter of the Estate of Carol A. Lee Rankins, No. A-2686-16T3, 2018 WL 3096991 (N.J. Super. Ct. App. Div. June 25, 2018). This matter concerned whether Clyde Rankins, the surviving spouse of Carol A. Lee Rankins (“ the decedent”) was entitled to the proceeds from the sale of the home allegedly owned jointly […]

In re Mardigian Estate, No. 152655, 2018 WL 3077084 (Mich. June 21, 2018).   The Michigan Supreme Court affirmed the appellate divisions ruling that an attorney was not automatically prohibited from being the beneficiary of a will he drafted for his client, even though such action may violate the rules of professional conduct. Attorney Mark […]

In the Matter of the Estate of Pauline Donner, No. A-2279-16T1, 2018 WL 3059692 (N.J. Super. Ct. App. Div. June 21, 2018). Pauline Donner (“the decedent”) died on December 3, 2007. Her children, Christopher Donner (“Donner”) and Debra Morrison (“Morrison”), were the co-executors of her estate.  In her will, the decedent bequeathed her stock shares […]

In the Matter of the Estate of John F. McGrail, Jr., Deceased, No. A-4570-16T1, 2018 WL 2949145 (N.J. Super. Ct. App. Div. June 13, 2018). This decision applied the standards of a gift to affirm the transfer of a classic car. Petitioner William J. McGrail, Jr.(“William”) filed a claim against the estate of his nephew, […]

In the Matter of the Will of Bradway, No. A-4535-16T3, 2018 WL 3097060 (N.J. Super. Ct. App. Div. June 25, 2018). The decedent, Will Bradway, was in a long-term relationship with his life partner, Marc Coleman. They filed documents in Philadelphia to recognize their relationship as life partners. In 2001, Bradway executed a traditional will, […]

Sveen v. Melin, 138 S. Ct. 1815 (U.S. Jun. 11, 2018). This decision applied the two-step test for determining Contracts Clause violations with respect to the retroactive application of a Minnesota law which established a default rule of automatic revocation of beneficiary designation upon divorce. The Supreme Court upheld the retroactive application. Enacted in 2002, […]

Donald P. Craig, Esq. and Brittney A. Cafero, Esq. to Present “Developing Trends in Probate Litigation” for the Constitutional Officers Association of New Jersey, Surrogates Section Annual Forum on September 27, 2018. The Conference will take place at Harrah’s Resort, Atlantic City, NJ from September 25 – September 28, 2018.