Category: Hot Trends: Developing Case Law
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09.22.2021
Court Orders Executor Responsible for Own Legal Fees in Estate Litigation
In re Estate of Tkachuk, A-3578-19, 2021 WL 2711116 (N.J. Super. App. Div. June 30, 2021). Karen Lesso Conover (“Conover”) was the executor and primary beneficiary of the estate of Margaret C. Tkachuk (“Estate”). The law firm she retained to assist her with the administration of the Estate made a tax allocation error that benefited […]
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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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09.22.2021
NJUFL Shields Bank From Liability In Action to Set Aside Inter Vivos Gift
Estate of Sandor v. Lugowe, No. BER-C-54-21, 2021 WL 3162993 (N.J. Super. Ch. Div., Bergen Cty. July 12, 2021). The decedent died on January 20, 2018, and the court appointed an administrator pendente lite of the estate (the “Administrator”). The Administrator filed an action to set aside inter vivos gifts made by Decedent’s grand-nephew, Anthony […]
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09.22.2021
IRS Announces Extension for New Jersey and New York Taxpayers affected by Hurricane Ida
The IRS recently announced that victims of Hurricane Ida in some parts of New Jersey and New York now have until January 3, 2022 to file various individual and business tax returns and to make tax payments. The IRS is providing relief to any area designated by the Federal Emergency Management Agency (FEMA) as qualifying […]
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08.24.2021
Legal Malpractice in the Context of Probate, the Entire Controversy Doctrine, and the Right to a Jury Trial
Schindel v. Feitlen, A-2888-19, 2021 WL 2391583 (N.J. Super. App. Div. June 11, 2021). Before his death in November 2016, the decedent, Arnold, executed three wills. In the first will, executed in July 2014, Arnold gave the bulk of his estate to his son, David (the petitioner), and made specific bequests to his friend, Hindy. […]
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08.24.2021
Appellate Division Declines to Award Compensatory, Punitive, and Equitable Damages With Respect to Claims of Trustee Misconduct
In re Gloria T. Mann Revocable Tr., A-2663-19, 2021 WL 2212701 (N.J. Super. App. Div. June 2, 2021). Gloria Mann (“Gloria”) died on August 10, 2017. Her children, plaintiff David Mann (“David”) and defendant Doree Gottlieb (“Doree”), were the primary beneficiaries and successor co-trustees of the Gloria T. Mann Revocable Trust (“Trust”). A few months […]
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08.13.2021
Appellate Division Declines to Apply the Doctrine of Cy Pres to Modify a Charitable Trust
In re Bierstadt Paintings Charitable Tr., Dated October 6, 1919, A-0529-20, 2021 WL 3057076 (N.J. Super. App. Div. July 20, 2021). In 1919, J. Ackerman Coles (“Coles”), a well-known doctor, art collector, and philanthropist, gifted inter vivos two paintings to the City of Plainfield (“the City”). The paintings by Albert Bierstadt are held in a […]
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08.13.2021
The Entire Controversy Doctrine and the Importance of Joining Additional Parties in Initial Pleadings
Mac Naughton v. Power Law Firm, A-3711-19, 2021 WL 2964324 (N.J. Super. App. Div. July 15, 2021). This case addresses the importance of naming additional parties pursuant to Rule 4:5-1(b)(2) in initial pleadings. Plaintiff W. James Mac Naughton (“Jim”) appealed a May 27, 2020 Order granting summary judgment to defendant Power Law Firm, LLP, Jinhee […]
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05.24.2021
Proposed Changes to the Current Tax Laws
Recently we have seen a flurry of proposed legislation, which if enacted, will bring unprecedented changes to the tax and estate planning landscape. Although the outcome of the proposed legislation remains unknown, taxpayers who may be affected by the enactment of these laws should review their estate and tax planning documents to determine if changes […]
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05.19.2021
Guardianship Rules Amended to Require Background Searches
The New Jersey guardianship Court Rules have been amended to establish a policy for background screenings of certain proposed guardians of incapacitated persons. The amendments are effective as of May 15, 2021, and are summarized as follows. R. 4:86-2(b) has been amended to require the petitioner to annex to the complaint an affidavit or certification […]
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