Krivulka v. Lerner, No. 2:20-CV-09724, 2024 WL 4318735 (D.N.J. Sept. 27, 2024) This is one in a series of decisions stemming from a legal malpractice action for estate planning. The defendants/lawyers had acted as counsel for the decedent, Joseph Krivulka, and his wife, plaintiff Angela Krivulka, for estate planning and other purposes. The plaintiff alleged […]

Miranda v. Rinaldi, Docket No. A-3780-22, 2024 WL 4356344 (N.J. Super. App. Div. Oct. 1, 2024) This case tests the limits of the duties that attorneys owe to non-clients, in the context of legal malpractice. The decedent died in 2017.  He left three children:  plaintiff John; Victor; and Maria.  The decedent’s will named Maria as […]

In re Estate of Yorkowitz, Docket No. A-2835-22 (N.J. Super. App. Div. Sept. 4, 2024) The decedent died on May 28, 2019.  In July 2019, the Middlesex County Surrogate admitted to probate the decedent’s will of August 2018 and issued letters testamentary to plaintiff Billy Perialis.  The decedent’s will devised certain real estate to Perialis […]

In re Estate of Vuong, Docket No. MON-P-459-19 (N.J. Super. Aug. 28, 2024) Quy Dinh Vuong (also known as Peter Dinh Vuong and referred to herein as “Peter”) executed his last will (“Will”) in 1984.  Peter died in May 2011.  His wife died shortly thereafter. The Will named his daughter, defendant Thu Ngo (“Thu”), as […]

In re Estate of Warnock, Docket No. A-0672-22 (N.J. Super. App. Div. Aug. 22, 2024) This appeal affirmed summary judgment on a claim to invalidate a will. The plaintiff, Betty Ann Turkus, was the daughter of the decedent, Joseph Warnock.  The decedent left two wills. The 2006 will named his wife as the beneficiary. In […]

In re T/U/W of Wen, Docket No. A-3675-22, (N.J. Super. App. Div. Jul. 8, 2024) Peter Wen (“Peter”) was the son of the decedent, Wu Huai Wen.  The case focused on a trial court order approving the first interim accounting of the trust (“Trust”) established under the decedent’s last will, for the period August 1, […]

In re Estate of Semple, Docket No. A-3415-21 (N.J. App. Div. Jul. 31, 2024) This case dealt with the doctrine of laches. In 2000, Marie Semple executed the Marie Semple Qualified Personal Residence Trust (“QPRT”), an irrevocable trust that then owned residential property. The QPRT directed the trustee, on Marie’s death, to distribute the principal […]

In re Robert T. Keeler Maintenance Fund, 306 A.3d 795 (N.H. 2023) The decedent bequeathed funds in his will to Dartmouth College for the maintenance of a golf course.  The college sought to modify that restriction since the golf course had closed.  The college proposed to use the funds to support other golf-related programs and […]

In re Estate of Seto, 2024 WL 537811 (N.J. Super. Ct. App. Div. February 12, 2024) This case involved an assortment of claims between siblings as to undue influence and other impropriety in both a lifetime transfer of real estate and a last will of their mother. Ngan Lau Kwan Seto (“decedent”) had four children: Peter; […]

Robert Borteck, PC v. Frederick Kennedy And Gabriel Yandoli, Co-Executors of the Estate of Francis P. Kennedy, deceased, Docket No. A-3819-21 (N.J. Super. App. Div. Jan. 22, 2024) Defendants were the executors of the estate of Francis P. Kennedy (“defendants”). On April 14, 2008, defendants entered an agreement with the law firm of plaintiff Borteck […]