In re Estate of Stumm, No. A-0655-18T2, 2019 WL 4620342 (N.J. Super. Ct. App. Div. Sept. 24, 2019). This appeal involved the interpretation of a will and the application of N.J.S.A. § 16:11-23 to resolve whether a bequest should pass to The Presbytery of the Palisades and the Presbyterian Church, U.S.A. Estate (collectively “the Presbytery”), or […]

The Appellate Division affirmed summary judgment against a party seeking to invalidate a will based primarily on incapacity. The challenger was the decedent’s brother, Frederick Jelin. The decedent initially executed a will with the help of an attorney. The will included specific instructions regarding charitable and other specific bequests she wished to make to a […]

Effective January 1, 2020, the Pennsylvania Supreme Court issued several Orphans’ Court rule changes including the following: Rule 1.7 added a comment that withdrawal of counsel before the Register of Wills is subject to local rules or the discretion of the Register and may be different from the procedure of withdrawal of appearance in the […]

In re Estate of Forgett, No. A-0443-17T4, 2019 WL 4165062 (N.J. Super. Ct. App. Div. September 3, 2019 Lisa Farina, a creditor of the estate, appealed orders declaring the estate to be insolvent, approving the estate’s final account, and directing distribution of the estate’s assets. Farina argued that (i) her judgment against the estate had […]

In re Estate of Biber, A-3970-17T3 (N.J. Super. Ct. App. Div. June 11, 2019). The Appellate Division analyzed issues surrounding the actions of a guardian of an incapacitated adult. Anna Biber had two children: Peter Biber and Sheldon Biber.  Joshua Biber – Anna’s grandson – was the only son of Sheldon.  Peter and Joshua were […]

In re Estate of Gallegan, A-4256-17T4 9 (N.J. Super. Ct. App. Div. June 26, 2019). Ralph A. Gallegan died testate, leaving his estate to seven of his nine children. He owned two parcels of real estate in New Jersey.  The estate administrator filed a complaint for instruction regarding the real property.  One of decedent’s sons, […]

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 […]