Author: Steven K. Mignogna
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11.15.2022
Subject Matter Jurisdiction Not Found by District Court of New Jersey
Andrews v. Holloway, No. 95-1047, 2022 WL 6816758 (D.N.J. Oct. 11, 2022) This case deals with subject matter jurisdiction regarding an estate matter in federal court. The court referred to the long and circuitous history of the case, with the need for court intervention on numerous occasions. The current application sought direction as to $12,000 […]
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10.25.2022
Steve Mignogna to Present at the New Jersey Institute for Continuing Legal Education: 2022 Probate Symposium
The Annual Probate Symposium is back this year to get you on top of the trending issues and topics for all things Probate related. Hear from an expert panel of skilled practitioners about the most contemporary state and federal statutory, caselaw, legislative, and court policy information. Integrate this new information with the tried-and-true tactics and […]
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09.19.2022
Litigant Compelled to Sign Mutual Releases Previously Agreed to in Open Court
In the Matter of the Estate of Wicker W. Doornbosch, Docket No. A-3225-19 (N.J. Super. Ct. App. Div. Aug. 19, 2022) This appeal arose out of probate litigation over the estate of Wicker W. Doornbosch, who died in 2016. The parties reached a settlement in open court. Counsel for appellant Farash put the terms on […]
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09.13.2022
Offer in Judgment Enforced as to All Claims; Litigants Can’t Pick and Choose
Puglia v. Phillips, Docket No. A-5367-18 (N.J. Super. Ct. App. Div. August 15, 2022) This matter involves a mix of estate, property and procedural issues, including offers of judgment. The decedent’s children were the beneficiaries of her estate (“Estate”). A lengthy, acrimonious dispute arose regarding the Estate’s primary asset, a sixty-seven-acre farm (the Property). In […]
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04.13.2022
Enforceability of an Arbitration Clause in a Will
In re Estate of Samuel P. Hekemian, No. P-47921, 2021 WL 6884165, (N.J. Super. Ch. February 7, 2022) Decided: February 7, 2022; Superior Court of New Jersey, Bergen County The decedent, Samuel P. Hekemian (“Decedent”), was survived by his wife and their four sons, including the plaintiff and one of the defendants. The Decedent left […]
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09.22.2021
Court Awards Fees To Plaintiff In Will Contest Because He Had Reasonable Cause To File His Complaint
In re Estate of Grischuk, A-3890-18, 2021 WL 3160466 (N.J. Super. App. Div. July 27, 2021). This appeal encompassed a will contest and a dispute as to counsel fees. The decedent was survived by her sister, defendant Olga Sweeney (“Olga”), her nephew, plaintiff Michael David (“Michael”), and others. With the assistance of her long-time attorney, […]
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05.04.2021
Appellate Division Affirms Courts’ Obligation to Control Frivolous Litigation
In re Estate of Blair, No. A-1394-19, 2021 WL 1424066 (N.J. Super. App. Div. Apr. 15, 2021). This appeal addressed the courts’ ability to limit ongoing filings by a pro se petitioner involving the estate of her aunt. Eventually the trial court precluded the party from filing additional pleadings against the estate, its beneficiaries, and […]
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01.15.2021
To Recover From a Fiduciary for Breach of Duty, the Loss Must be a Result of the Breach
In re Estate of Cenaffra, No. A-5731-17T1 (N.J. Super. App. Div. Sept. 9, 2020) Defendant was the executrix under the decedent’s last will and had also been the decedent’s agent under a power of attorney. The trial court granted plaintiff’s request to require defendant to provide an accounting for both roles. At trial, defendant invoked […]
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04.02.2020
N.J. Supreme Court Settles Transfer Inheritance Tax Question
Estate of Van Riper v. Div. of Taxation, No. 082000, 2020 WL 558624 (N.J. Feb. 5, 2020). The Supreme Court affirmed the interpretation of New Jersey’s transfer inheritance tax statute that taxed the full value of a property transferred into an irrevocable trust, upon the death of the second spouse. Walter and Mary Van Riper […]
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04.02.2020
Filing Delay Bars Breach of Fiduciary Duty Claim
In re Estate of Hursa, A-4801-17T1, 2020 WL 914706, (N.J. Super. Ct. App. Div. Feb. 26, 2020). The plaintiff and her sister were the co-administrators of their mother’s estate. The sister had lived in the mother’s house from 2007 until her death in 2012. The plaintiff sued for breach of fiduciary duty, declaratory judgment, unjust […]
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