Author: Steven K. Mignogna
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12.16.2024
Presumption of Revocation Found For Decedent’s Will Executed Before Marriage and Birth of Children
In re Estate of Kremer, 2024 WL 4964639 (N.J. Super. Dec. 4, 2024) This case deals with revocation of wills and related points. Bonnie Levine executed a will in 1992. The will named Bonnie’s sisters, Pamela McGinnis and Patrice Berman, as executrix and contingent executrix, respectively. In 1997, Bonnie married Joseph Kremer. The couple had […]
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10.21.2024
Documents Containing Sensitive Information Permitted to be Submitted Under Seal in Legal Malpractice Case Despite Waiver of Attorney-Client Privilege
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 […]
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09.17.2024
Attorney-Client Relationship Not Found Where Purported Client Signed Engagement Letter with “N/A”
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 […]
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09.10.2024
Commissions Disallowed Based on Lack of Trial Court Findings
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 […]
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08.28.2024
Summary Disposition Reversed on Motion for Reconsideration
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 […]
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08.22.2024
Appellate Division Affirms Invalidating 2017 Will on Motion for Summary Judgment
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 […]
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08.16.2024
Exceptions to Accounting Rejected by Appellate Division
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, […]
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08.02.2024
Doctrine of Laches Prevents Enforcement of Litigants’ Rights Claim
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 […]
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02.28.2024
New Hampshire Supreme Court Affirms Modification of Usage for Charitable Funds
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 […]
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02.19.2024
Undue Influence Claims Fail Because Supported by “Mere Speculations”
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; […]
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