In re Joan McFadden, Docket No. A-0236-23, 2025 WL 65016 (N.J. Super. App. Div. Jan. 10, 2025) Joan McFadden died leaving three sons: Joseph, Vincent, and John.  After their mother’s death, Joseph and Vincent brought an action against their brother, John. They alleged he breached his fiduciary duties as both attorney-in-fact and executor of their […]

In re Estate of May, Docket No. A-1380-22 (N.J. Super. App. Div. Jan. 28, 2024) This case examines an award of counsel fees and imposition of sanctions in an action brought by a spouse to be named lawful beneficiary of life insurance policies over the decedent’s mother. The decedent, Tyrone May, Sr., was married to […]

In re Estate of Jones, 259 N.J. 584 (N.J. 2025) The central issue was whether an ex-spouse’s rights as the pay-on-death beneficiary on her deceased ex-husband’s U.S. savings bonds were superseded by the parties’ divorce. Michael Jones (“Decedent”) was married to Jeanine Jones (“Jeanine”) in 1990.  The couple divorced in January 2018.  The Decedent and […]

In re Estate of Nigito, No. A-2013-22, 2024 WL 5233136 (N.J. Super. App. Div. Dec. 27, 2024). This matter arose from a challenge by Ann Mae Nigito (“Ann Mae”), daughter of the decedent, Paul Nigito (“Paul”), regarding the funding of a generation-skipping trust (“GST”) created under Paul’s will.  The GST benefitted Paul’s wife, Antionette, during […]

Bartek v. LoSapio, No. A-3022-21, 2025 WL 37451 (N.J. Super. App. Div. Jan. 7, 2025) This case deals with a codicil’s validity that does not reference the decedent’s most recent Last Will and Testament.  The Appellate Division was not concerned with the error, even if the error constituted a deficiency in the formality of a […]

Fountain Plaza, LLC, v. Petrock’s Liquors, Inc., No. A-1522-23, 2024 WL 4822646 (N.J. Super. App. Div. Nov. 19, 2024) The Chancery Division, relying on R. 1:21-1(c) and RPC 3.7, granted defendant’s motion to disqualify plaintiff’s attorney.  Plaintiff was granted leave to file an interlocutory appeal, and the Appellate Division reversed. Plaintiff Fountain Plaza is an […]

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 […]

Mooney v. Convery, Nos. A-1576-22, A-1577-22 (N.J. Super. App. Div. Nov. 13, 2024) This case came before the Appellate Division after the trial court awarded attorney fees but directed payment only after the defendant fully satisfied the judgment, rather than from a fund in court under Rule 4:42-9(a)(2). John J. Mooney passed away on June […]

Nolasco v. Estate of Nolasco, Docket No. A-3176-22, 2024 WL 4563243 (N.J. Super. App. Div. Oct. 24, 2024)   This matter concerns a quiet title claim brought against the estate (“Estate”) of Otilio Nolasco (“Otilio” or “decedent”) by plaintiff Jose Nolasco (“Jose”) concerning real estate in North Plainfield, New Jersey. The Estate appealed two orders: […]

Ventre v. Balsamo, 2024 WL 4749519, (N.J. Super. App. Div. Nov. 12, 2024) This matter came before the Appellate Division because the trial court found the plaintiff’s legal malpractice against claim against Arthur Balsamo, Esquire (“Attorney”) barred under the entire controversy doctrine and the doctrine of collateral estoppel.  The Appellate Division affirmed the Law Division’s […]