On March 28, 1994, Helen Weste executed a will that made three charitable bequests; left her personal property to one niece; and bequeathed the remainder of her estate in different percentages to a sister and eight nieces and nephews, including Joanne Halkovich.  She named her ex-husband John Weste executor. In 1995, Helen left the apartment […]

CREATION OF TRUSTS, INCLUDING WHETHER A VALID TRUST EXISTS This section will address the requirements to create a valid trust.  Given the fundamental nature of this topic, the survey will include at times national standards and New Jersey common law, along with the NJ UTC. Basic Requirements to Create a Trust Basic Requirements to Create […]

General Provisions and Definitions: Who is a Beneficiary Article 1 of the NJ UTC includes general provisions and definitions.  The definitions for the UTC are in N.J.S.A. § 3B:31-3.  Of particular significance are the following definitions: Beneficiary vs. Qualified Beneficiary. A trust “beneficiary” includes a person: “(1) who has any present or future interest, vested […]

Although the NJ UTC takes effect on July 17, 2016, it applies to trusts created before, on, or after its effective date.  N.J.S.A. § 3B:31-84(a)(1). The NJ UTC applies to express trusts, charitable or noncharitable trusts, and trusts created pursuant to a statute, judgment, or decree that requires the trust to be administered in the […]

On January 19, 2016, New Jersey enacted the Uniform Trust Code (“UTC”), to take effect on July 17, 2016.  The new statute is in Chapter 31 of Title 3B of the New Jersey statutes. This article delineates New Jersey law generally, and the UTC as enacted in New Jersey (at times referred to as “NJ […]

Steven K. Mignogna, a Shareholder in Archer & Greiner’s Haddonfield office, will be speaking on “The Uniform Trust Code” for the New Jersey Institute for Continuing Legal Education. The seminar is being held on June 27th from 9:00 AM – 1:00 PM at the Doubletree Guest Suites in Mt. Laurel, NJ. This seminar will enable […]

On January 19, 2016, New Jersey  enacted the Uniform Trust Code (“UTC”), to take effect on July 17, 2016.  The new statute is in Chapter 31 of Title 3B of the New Jersey statutes. This is the first part of a bi-weekly series in which we will discuss New Jersey law generally, and  the UTC […]

The Estate of Prince Rogers Nelson, the artist known as “Prince,” is currently the focus of a battle over the distribution of his assets, estimated to be valued at more than $100 million.  Prince is believed to have died without any will, although the Judge in Carver County, Minnesota is giving his family time to […]

Steven K. Mignogna, a Shareholder in Archer & Greiner’s Haddonfield office, will be speaking on “Uniform Trust Code – The New Legislation and Your Practice” and “Fiduciary Litigation Update” at the New Jersey State Bar Association’s Annual Meeting and Convention, being held May 18th-20th in Atlantic City, NJ. The first seminar Mr. Mignogna is presenting […]

In the Matter of the Estate of Adrian J. Folcher 2016 N.J. LEXIS 330 (N.J., Apr. 26, 2016) Adrian Folcher (“Folcher”) had three children with his first wife, who died in July 2002.  In December 2002, Folcher married Bernice Folcher (“Bernice”). In 2003, Folcher and Bernice signed a postnuptial agreement, which provided that any real […]