The NJSBA submitted comments on the proposed New Jersey guardianship statutes and portions of Title 3B. The proposal is an overhaul of the guardianship act and the NJSBA’s Elder and Disability Law Section felt the changes may not accomplish the intended goals and could hurt New Jersey’s most vulnerable residents. See the letter at: https://tcms.njsba.com/personifyebusiness/Portals/0/NJSBA-PDF/Reports%20&%20Comments/Guardianship.pdf.

In re Estate of Tuzzolo, P-104-19, slip op. (N.J. Super. Ct. Ch. Div. June 5, 2019). Plaintiff Susan Bechaw (“Bechaw”) and defendant Francine Cenicola (“Cenicola”) were daughters of the decedent, Philomena Tuzzolo.  When the decedent passed away in December 2008, Cenicola was appointed executrix of the decedent’s estate. Two and a half years after the […]

In re Estate of Giordano, No. P-085-18 (Ch. Div. June 10, 2019). The court highlighted two propositions: (1) New Jersey’s elective share statute is needs based and can be awarded upon a finding that the election is necessary to provide adequate support of the surviving spouse during her probable life expectancy; and (2) the New […]

In re Passarelli Family Trust, 206 A.3d 1188 (PA Super 2019) The Superior Court of Pennsylvania reversed a decree entered in the Orphans’ Court Division of the Court of Common Pleas of Chester County granting the petition of Margaret Passarelli to terminate an irrevocable trust (the “Trust”). Joseph and Margaret Passarelli were married on November […]

In re the Estate of Connolly, No. A-3855-17T1, 2019 WL 1578804 (N.J. Super. Ct. App. Div. Apr. 12, 2019). This case involves a purported will drafted by an attorney who never met the decedent.  The attorney drafted the will based on a telephone conversation he had with the decedent, who was then ninety (90) years […]

De Paul vs. Estate of De Paul, A-0887-16t2, 2019 WL 1831554 (N.J. Super. Ct. App. Div. April 25, 2019). This action considered the reach of the entire controversy doctrine. The dispute stemmed from the disposition of a residential property in Mays Landing owned by the decedent, Catherine De Paul (“Catherine”). Catherine died testate in December […]

IMO Estate of Lucy G. Kershak, Docket Nos. A-2897-17T3, A-4402-17T3, 2019 WL 1976066 (N.J. Super. Ct. App. Div. May 2, 2019) This case considers whether summary judgment is appropriate when a complaint opposing probate of a will is not timely filed. In 2008, the decedent executed a will prepared by her long-time attorney. The 2008 […]

In re Walker, 2019 PA Super 120, 2019 WL 1759792 (Pa. Super. Apr.22, 2019). This appeal deals with the standing for residual beneficiaries of a revocable trust. In July 2001, Pauline O. Walker (“decedent”) created a revocable trust, naming her daughters, Katherine W. Bantleon and Elizabeth W. Mecke (“the daughters”), as the residual beneficiaries.  Smithfield […]

In the Matter of the Estate of Dorothy Dreher, No. A-4800-17T3, 2019 WL 1512720 (N.J. Super. Ct. App. Div. April 8, 2019). Dorothy Dreher had two children, David and Rebecca. David was the executor.  Rebecca filed a verified complaint to vacate the probate judgment on grounds of undue influence and lack of capacity.  After four […]

Allen v. Estate of Allen, No. A-2605-17TI, 2019 WL 150169 (N.J. Super. Ct. App. Div. Jan. 7, 2019). This unpublished Appellate Division case covers a number of estate litigation topics, including real estate title issues, rights among spouses, and constructive trusts. The facts of the case are relatively simple. In 1961, Norma Allen (“Norma”) and […]