Author: Steven K. Mignogna
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04.02.2020
Co-Executors Suffer Consequences of Late Release Submission to Court
In re Estate of Hauke, A-5200-17T3, 2020 WL 1488675, (N.J. Super. Ct. App. Div. Mar. 25, 2020). Co-executors in accounting action were not permitted to rely on a release, because they did not raise the release until the end of the trial, and the release did not apply anyhow. In addition, co-executors were not entitled […]
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02.03.2020
Presbytery Found To Not Be Successor Charity Under Certain Circumstances
In re Estate of Stumm, No. A-0655-18T2, 2019 WL 4620342 (N.J. Super. Ct. App. Div. Sept. 24, 2019). This appeal involved the interpretation of a will and the application of N.J.S.A. § 16:11-23 to resolve whether a bequest should pass to The Presbytery of the Palisades and the Presbyterian Church, U.S.A. Estate (collectively “the Presbytery”), or […]
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02.03.2020
Court Rejects Undue Influence And Lack Of Capacity Claim Citing Long-Standing Familial Schism
The Appellate Division affirmed summary judgment against a party seeking to invalidate a will based primarily on incapacity. The challenger was the decedent’s brother, Frederick Jelin. The decedent initially executed a will with the help of an attorney. The will included specific instructions regarding charitable and other specific bequests she wished to make to a […]
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05.29.2019
The State of New Jersey Inherits, Second Cousins Don’t
In the Matter of the Estate of Rosenthal, No. P-461-18 (N.J. Super. Ct. Ch. Div., Mar. 6, 2019). Sally Rosenthal died intestate, with no spouse or children. After a genealogical search for the Sally’s family members, the investigator concluded that Sally’s only surviving relatives that could be found were second cousins and second cousins, once […]
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01.10.2018
NJ Trial Court Mistakenly Applied Its Discretion By Not Allowing Filing Extension
In the Matter of the Estate of Florence Fisher, No. A-0515-16T, 2017 WL 5895758 (N.J. Super. Ct. App. Div. Nov. 28, 2017). These two pieces of litigation involved the efforts of plaintiff Meredith A. Fisher to void estate planning by her mother, the late Florence Fisher.
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