In the Matter of the Estate of Rosenthal, No. P-461-18 (N.J. Super. Ct. Ch. Div., Mar. 6, 2019).  Sally Rosenthal died intestate, with no spouse or children. After a genealogical search for the Sally’s family members, the investigator concluded that Sally’s only surviving relatives that could be found were second cousins and second cousins, once […]

In the Matter of Nadzam, Deceased, 2019 PA. Super. 14 (Jan. 14, 2019). JoAnn Domitrovich and Mandy Burket were two of the six children of the decedent, Allen Nadzam (“the decedent”). The decedent died on July 1, 2017. Thereafter, JoAnn initiated an action with the Court of Common Pleas of Beaver County Orphans’ Court in […]

In re Estate of McAleer, 2018 PA Super. 227, 194 A.3d 587 (2018), petition for allowance of appeal granted, 2019 WL 423074 (Pa., Feb. 4, 2019). The settlor’s son and trustee, William H. McAleer, was involved in extensive litigation with two stepsons of the settlor, who were beneficiaries of the trust. Upon an accounting by […]

In the Matter of the Estate of Paruta, No. A-3456-17T2, 2019 WL 92244 (N.J. Super. Ct. App. Div. Jan. 3, 2019). The testator died with no immediate family and a will that left bequests to charities and individuals, including the defendant bank employee. The bank’s Code of Conduct and Ethics prohibited employees from accepting bequests […]

Mecca v. Levine, No. A-0548-17T3, 2018 WL 6711343 (N.J. Super. Ct. App. Div. Dec. 21, 2018). This legal malpractice action arose out of the drafting of a will. The Appellate Division addressed whether a ruling in a prior litigation that established the testator’s intent estopped any claim that the defendant attorney breached his duty in […]

Girard v. Foster, No.  A-5190-16T1, 2018 WL 6518667 (N.J. Super. Ct. App. Div. Dec. 12, 2018). This case deals with a legal malpractice claim in the probate context. Plaintiff Anthony J. Girard and his siblings were involved in litigation as to land owned by their mother. Girard and his siblings signed a Consent Order that required […]

Estate of Chernowitz v. Dir., Div. of Tax’n, No. 004863-2017, 2018 WL 6173591 (N.J. Tax Court Nov. 16, 2018). The New Jersey Tax Court addressed whether the decedent’s $5.1 million transfer was in contemplation of her death, such that it triggered New Jersey transfer inheritance tax due pursuant to N.J.S.A. § 54:34-1. In 2012, at […]

Acosta-Santana v. Santana, No. A-5646-16T4, 2018 WL 6332211 (N.J. Super. Ct. App. Div. Dec. 5, 2018). The plaintiff/wife was filing for divorce. The defendant/husband then executed a last will leaving his estate in equal shares for his and the plaintiff’s children. The defendant passed away before the entry of a final judgment of divorce. The […]

In the Matter of the Estate of Kaczmarek, No. A-1356-17T3, 2018 WL 6186536 (N.J. Super. Ct. App. Div. Nov. 28, 2018). Defendant appealed summary judgment admitting the last will of Theodore A. Kaczmarek, deceased (“the decedent”) to probate. The trial court also directed the issuance of letters testamentary to the plaintiffs, as co-executrices, and dismissed […]

In the Matter of the Estate of Cordasco, No. A-4981-16T3, 2018 WL 6186306 (N.J. Super. Ct. App. Div. Nov. 28, 2018). The decedent died intestate. His son  sought appointment as administrator of the estate and an order to invalidate the inter vivos transfer of a condominium to his sister, the decedent’s daughter. Id. at *2.  […]