Faulk v. Martucci, No. A-2234-19T1, 2021 WL 243833 (N.J. Super. Ct. App. Div. Jan. 26, 2021). Defendant Anne Martucci (“Anne”) appealed from an order awarding a constructive trust in favor of plaintiff Janette Faulk (“Janette”) as guardian of Harry Faulk (“Harry”), an incapacitated person.  Janette is Harry’s daughter. Prior to being found an incapacitated person, […]

Schultz v. Glasser, No. A-5239-18T3, 2021 WL 269674 (N.J. Super. Ct. App. Div. Jan. 27, 2021). Husband and wife, Robert Schultz, Sr. (“Robert”) and Mary Ann Schultz (“Mary Ann”), created an inter vivos trust (“Trust”), of which they were the primary beneficiaries.  Upon the death of the survivor of them, their children, Robert Schultz, Jr., […]

Pine Brook Care Center v. D’Alessandro, No:  A-3197-18T1, 2020 WL 6852609 (N.J. Sup. Ct. App. Div. Nov. 23, 2020). In 2014, Michael D’Alessandro was adjudicated incapacitated.  His three daughters, Antoinette, Nancy, and Maryanne, were appointed co-guardians. In 2016, Michael was admitted to Pine Brook Care Center.  The Pine Brook admission package included an Admission Agreement […]

Estate of Dianne Partee v. Jones, No. A-0765-19T1, 2020 WL 6688913 (N.J. Sup. Ct. App. Div. Nov. 13, 2020) Twin sisters Dianne and Dionne owned as tenants in common the Philadelphia home in which they grew up.  On January 19, 2017, Dianne transferred her interest to Dionne, but this deed was not notarized until May […]

The American Bar Association Standing Committee on Ethics and Professional Responsibility (“Committee”) recommends lawyers avoid responding to negative online reviews “because doing so may draw more attention to it and invite further response from an already unhappy critic,” Formal Opinion 496 said. If an attorney feels compelled to respond, however, the Committee reminds the legal community that […]

Shedlock v. Director, Div. of Taxation, No. A-5634-18T1, 2020 WL 5032512 (N.J. Super. App. Div. Aug. 26, 2020). In July 2013 and at the age of 87, Anthony Calleo (the “decedent”) deeded his two-family home (the “property”) to his nieces, Valerie Shedlock and Judith Solan, for less than $100.  The deed included no specific provision […]

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 […]

In re Estate of Wilson, No. A-5350-18T2, 2020 WL 3527333 (N.J. Super. Ct. App. Div. June 30, 2020). The Appellate Division affirmed the trial court’s ruling that a plaintiff’s speculation alone is insufficient to challenge testamentary capacity or show undue influence in a will’s execution. Stuart V.V. Wilson and his second wife, Amelia, were married […]

In re Estate of Liu, No. A-5063-18T1, 2020 WL 3527328 (N.J. Super. Ct. App. Div. June 30, 2020). After James Liu failed to appear before the court, the Appellate Division affirmed the Chancery Division’s order dismissing his complaint contesting his father’s will. Decedent, Thomas Liu, died in December 2018 and was survived by his two […]

Balducci v. Cige, 240 N.J. 574  (2020) A former client filed an action against her former attorney for a declaratory judgment that the retainer agreement with him to represent her in a suit for damages under a Law Against Discrimination (LAD) lawsuit was unenforceable. The trial court declared the agreement unenforceable and dismissed the attorney’s […]