In the Matter of the Estate of Berry 2016 N.J. Super. Unpub. LEXIS 855 (App. Div., Apr. 15, 2016). Decedent Evelyn Berry had four children from two different marriages.  The two older, adult children from her first marriage were Tara and defendant Darryl Fusco.  The two younger, minor children from her second marriage were Garrett […]

In re 2008 Trust for the Benefit of Stefanidis-Perez , 2016 N.J. Super. Unpub. LEXIS 636 (Ch. Div, Essex County, Mar. 22, 2016) Plaintiff was the beneficiary of two trusts, one created in 1997 and the other in 2008. Plaintiff filed suit against her mother, who was also the trustee of the trusts.  Plaintiff was […]

This is an unreported Appellate Division opinion arising out of Cumberland County. Richard D. Byer, Sr. (“Richard”) died in October, 2012 after having been diagnosed with lung cancer and suffering a stroke. Richard’s estate had assets of nominal value. Richard had a pension with a death benefit of approximately $440,000 and a life insurance policy […]

2016 N.J. Super. Unpub. LEXIS 425 (Ch. Div. Feb., 24, 2016)   Decedent Jean M. O’Mealia (“Jean”) was predeceased by her husband, William Francis Xavier O’Mealia (“William”).  It was the second marriage for both of them. They had no children together but both had children from their prior marriages. At the time of her death, […]

O’Hara v. O’Hara, 2016 N.J. Super. Unpub. LEXIS 409 (App. Div., Feb. 25, 2016) This case epitomizes the increasing overlap between estate and family law. Emmaline and John O’Hara were married in 1955.  They had two children, including a son, Kevin, from whom John was estranged. John acquired substantial assets during the marriage, allegedly be […]

Gately v. Hamilton Memorial Home, 442 N.J. Super. 542 (App. Div. 2015). This decision considered the rights of surviving family members to control the disposition of the remains of a decedent. Decedent John Gately was killed in an automobile accident on October 16, 2009.  His parents had divorced when he was a child.  The mother […]

The New York Times analyzes a recent case out of Massachusetts that spotlights the importance of who signs a nursing home contract. New York Times – “Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?” http://www.archerlaw.com/files/arbitration%20clause%20in%20nursing%20home%20contracts.pdf    

In the Matter of Violet Nelson, No. BER-P-001-15 (Chancery Division Jan. 27, 2016) In this matter, the Court assessed whether it could alter the “plain, unambiguous language of the Trust, based on extrinsic evidence suggesting that the plain, unambiguous language of the Trust is not what the Settlor intended.”  Id. at *1.  The Settlor established […]

The petitioner, Lori Ann Parker, appealed an April 29, 2014 Order that dismissed her Verified Complaint.  Petitioner had sought to set aside her aunt’s Will because, among other reasons, she claimed that her aunt had signed the Will as the result of undue influence and also lacked requisite testamentary capacity. On June 25, 1987, Kathryn […]

Do you have children for whom you have yet to consider paying for education?  Are you thinking your children are young enough and there is plenty of time?  Do you think it’s too late?  Will you qualify for financial aid, and if not, how are you going to pay for it?  Do you have an […]