In K.A. v. J.L., 450 N.J. Super. 247 (Ch. Div. 2016), the New Jersey Superior Court held that service of process through the social media platform Facebook was permissible after service through certified mail was ineffective.  The adoptive parents instituted this action to enjoin the biological father from holding himself out as the father of […]

On September 13, 2017, Governor Chris Christie signed legislation recognizing a fiduciary heir’s right to obtain control of a decedent’s digital assets.  The “Uniform Fiduciary Access to Digital Assets Act” authorizes an executor, agent, guardian, or trustee, under certain circumstances, to manage electronic records of decedent, principal, incapacitated person, or trust creator.

Callas v. Callas, 2017 U.S. Dist. LEXIS 127547 (D.N.J. Aug. 11, 2017). Plaintiff William Dean Callas (“William”) brought an action against his siblings, the executors of his mother’s estate, to settle a dispute over the value of their mother’s ownership in a real estate holding company in which he held a 60% interest. The Operating […]

In the Matter of the Estate of Anna Fabics, 2017 N.J. Super. Unpub. LEXIS 1816, No. A-5576-14T2 (N.J. Super. Ct. App. Div. July 19, 2017). This decision, rendered on July 19, 2017, deals primarily with the nature of distributions (cash versus in kind) from an estate.  The opinion also affirms an award of counsel fees […]

In re D.G., Alleged Incapacitated Person, 7 Fiduc. Rep. 3d 116 (O.C. Div. Berks Cnty. Aug. 9, 2016). Petitioner appealed the denial of his petition for adjudication of incapacity of his 91 year old mother and the denial of his appointment as the plenary guardian for his mother.  The Orphans’ Court held that there was no […]

On August 7, 2017, our State Legislature signed into law amendments to N.J.S.A. § 3B:14-18 “Discharge from office of fiduciary; account; allowances” and N.J.S.A. 3B:14-19 “Discharge from particular trust; effect”. The attached document sets forth the current version of the text as amended by the legislature.  The newly enacted language is underlined and the omitted language […]

Anthony R. La Ratta, a Partner in Archer’s Haddonfield office, has been appointed Chair of the Litigation, Ethics and Malpractice Group of the American Bar Association’s Real Property, Trust and Estate Law Section. For the past two terms, he has been serving as the Vice Chair of the Group. As Chair, Mr. La Ratta has […]

New Guardianship Standards Moderator: Donald P. Craig Speakers: Ann-Christine (“Tina”) Bak-Brevik, Counsel to the Surrogate, Camden County and Adam K. Rosen, Counsel to the Surrogate, Camden County

Testifying: Ethical and Practical Advice about Being a Witness (including mock presentation)  Moderator: Steven K. Mignogna Speakers: Honorable Raymond A. Batten (Ret.), Karen Ann (“Kim”) Fahrner, Senior Counsel – Legal, PNC Bank, National Association, Lawrence C. Wohl, and Gregory J. Palakow

Charitable Funds: The Latest Challenges Moderator: Steven K. Mignogna Speakers: Melissa Osorio Dibble, Frances A. McElhill, Jonathan B. Peitz, Deputy Attorney General – State of New Jersey, and Robert Berness, University Counsel – Princeton University