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 […]

In re Estate of DeConca, A-1876-18T1, 2020 WL 1492556 (N.J. Super. Ct. App. Div. Mar. 27, 2020). This case highlights the need to ensure that charitable entities are correctly identified in estate planning documents. The co-executors of the estate filed a complaint seeking direction as to which charitable organization was the intended beneficiary of the […]

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 […]

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 […]

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 […]