Author: Estate & Trust Group
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12.08.2016
Appellate Division Finds Claims Against Estates Under The UFTA Are Cognizable
Rubenstein v. Estate of Rubenstein, 2016 N.J. Super. Unpub. LEXIS 2119 (App. Div. Sept. 21, 2016). Plaintiffs were the decedent’s former wife and his two children. They alleged that the decedent intentionally and wrongfully rendered his estate insolvent through inter vivos transfers to the individually named defendants and that those defendants cooperated with his plan. […]
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11.22.2016
The Town Where Everyone Talks About Death
In an interesting piece from two years ago, NPR’s Planet Money, covered a town in La Crosse, Wisconsin, where you’re unusual if you don’t have a plan for your death. Some 96 percent of people who die in La Crosse have an advance directive or similar documentation. Nationally, only about 30 percent of adults have […]
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11.21.2016
Justices Reverse Themselves on Estate Attorney Disbarment Ruling
In a case of first impression, the New Jersey Supreme Court has reversed a decision it made two years ago to disbar an attorney for knowingly misappropriating $100,000 from an elderly client. Read the entire New Jersey Law Journal article here: http://www.njlawjournal.com/home/id=1202772817493?slreturn=20161021124020
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11.07.2016
Court Ordered $50,000 in Counsel Fees After 24 Day Bench Trial
Soskina v. Estate of Turyan, New Jersey Superior Court App. Div., Docket No. A-3116-14T3 (Oct. 3, 2016). Inna Soskina filed a complaint against the Estate of Alexander Turyan seeking palimony and other monetary relief. The complaint named the decedent’s brother, Edward, and decedent’s daughter, Anna as co-executors of the estate. After a twenty-four day bench […]
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11.07.2016
Despite Mild Dementia, Appellate Division Found Decedent Fully Cognizant
In the Matter of the Estate of Nella Tornaben, New Jersey Superior Court, App. Div., Docket No. A-5181-14T4 (Sept. 27, 2016). On June 28, 2013, the surrogate of Essex County admitted the December 7, 2011, will of decedent Nella Tornaben to probate. The surrogate issued Letters of Testamentary to Nella’s nephew and her accountant who […]
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11.04.2016
Anthony La Ratta Appointed as Vice Chair of Kennedy Health Care Foundation
Anthony R. La Ratta, a Partner in Archer’s Haddonfield office, has been appointed to serve as Vice Chair of the Kennedy Health Care Foundation. The Kennedy Health Care Foundation is the essential component in the relationship between Kennedy Health and the community of individuals who rely on Kennedy for health and wellness. For more than […]
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10.24.2016
How The New Jersey Uniform Trust Code Affects Tannen v. Tannen
In the case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), aff’d, 208 N.J. 409 (2011), the New Jersey Supreme Court held that a spendthrift trust is not included in the equitable distribution of the marital estate. Mark and Wendy Tannen were married in 1988, and by the time of their divorce […]
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10.24.2016
Spendthrift Trust Protected in Divorce: Massachusetts Supreme Court Establishes a Bright Line Rule
The Massachusetts case, Pfannenstiehl v Pfannenstiehl, 475 Mass. 105 (Aug. 4, 2016), brought national attention to the issue of whether distributions of trust income, principal, or both may be included in the parties’ divisible marital estate. In this case, Curt and Diane Pfannenstiehl were married for ten and a half years and had two children. […]
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10.24.2016
New Jersey Estate Tax Repeal
By: Frank R. Demmerly, Jr., Esq. and Richard J. Contant, Esq. Ever since 2001, New Jersey has imposed an estate tax with an exemption of $675,000 and a tax rate on the remainder of up to 16%. The New Jersey Legislature has just passed, and the Governor just signed, legislation which will phase-out the New […]
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10.24.2016
Steven Mignogna Presented at National Meeting of the American College of Trust and Estate Counsel
Steven K. Mignogna, Esquire, a shareholder with Archer & Greiner, lectured on a panel entitled, “The Lawyer as a Witness.” The presentation was at the national meeting of the American College of Trust and Estate Counsel (ACTEC), in Charleston, South Carolina on October 23. The program focused on strategies, ethical considerations and practical tips for trust and […]
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