Category: Hot Trends: Developing Case Law
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10.25.2018
In the Matter of the Estate of John F. Piazza, Deceased, No. A-2853-16T2, 2018 WL 4354298 (N.J. Super. Ct. App. Div. Sept. 13, 2018).
Collateral estoppel and related concepts were deemed to bar the probate of a codicil. John F. Piazza (“decedent”) and his wife, Elly Piazza, had three children: Barbara, John H., and Debra. In February 1992, the decedent and his wife prepared joint and reciprocal wills. Barbara claimed that in 2007, the decedent executed a codicil to […]
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09.05.2018
In re Trust of Ray D. Post, No. A-0929-16T1, 2018 WL 3862756 (N.J. Super. Ct. App. Div. Aug. 15, 2018)
In re Trust of Ray D. Post, No. A-0929-16T1, 2018 WL 3862756 (N.J. Super. Ct. App. Div. Aug. 15, 2018). Plaintiff Valley National Bank (“VNB”) filed an application for approval of a formal accounting. The remainder beneficiaries objected, complaining inter alia that the plaintiff violated the terms of the trust by diversifying the trust portfolio […]
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09.05.2018
In re Estate of Horton, No. 339737, 2018 WL 3443383 (Mich. Ct. App. July 17, 2018)
In re Estate of Horton, No. 339737, 2018 WL 3443383 (Mich. Ct. App. July 17, 2018). Lanora Jones (“Jones”), mother of the decedent, appealed a court order recognizing an electronic document as the valid will of her son, Duane Francis Horton II. The decedent, Duane Francis Horton II, committed suicide in December 2015, at the […]
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09.05.2018
In the Matter of the Estate of Edward Wlodarczyk, No. A-0258-16T4, 2018 WL 3431779 (N.J. Super. Ct. App. Div. July 17, 2018)
In the Matter of the Estate of Edward Wlodarczyk, No. A-0258-16T4, 2018 WL 3431779 (N.J. Super. Ct. App. Div. July 17, 2018). Plaintiff Anna Wlodarczyk (“Anna”) appealed from an order granting a motion by Trinity Evangelical Lutheran Church (“Trinity Church”) for involuntary dismissal at the close of Anna’s case. The Attorney General of New Jersey, […]
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09.05.2018
Woytas v. Greenwood Tree Experts, Inc., No. A-1029-16T1, 2018 WL 3404123 (N.J. Super. Ct. App. Div. July 13, 2018)
Woytas v. Greenwood Tree Experts, Inc., No. A-1029-16T1, 2018 WL 3404123 (N.J. Super. Ct. App. Div. July 13, 2018). Plaintiff was the surviving widow of decedent and the administrator of his estate. The adverse party was the decedent’s ex-wife. The marital separation agreement with the ex-wife required the decedent to maintain life insurance policies naming […]
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09.05.2018
In the Matter of the Estate of Edward J. Valentine, Sr., No. A-4434-16T3, 2018 WL 3131149 (N.J. Super. Ct. App. Div. June 27, 2018)
In the Matter of the Estate of Edward J. Valentine, Sr., No. A-4434-16T3, 2018 WL 3131149 (N.J. Super. Ct. App. Div. June 27, 2018). This appeal concerned the executor’s application to sell the house of Edward J. Valentine, Sr. (“decedent”). Id. at *1. The decedent’s last will divided his estate among his five children. Id. […]
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09.05.2018
In the Matter of the Estate of Jerry Anthony Siracusa, III, No. A-4966-16T4, 2018 WL 3131152 (N.J. Super. Ct. App. Div. June 27, 2018)
In the Matter of the Estate of Jerry Anthony Siracusa, III, No. A-4966-16T4, 2018 WL 3131152 (N.J. Super. Ct. App. Div. June 27, 2018). This appeal concerned the appointment of a personal representative for the estate of Jerry Anthony Siracusa, II, who died intestate. Id. at *1. The decedent’s father applied to be appointed as […]
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09.05.2018
In the Matter of the Estate of Carol A. Lee Rankins, No. A-2686-16T3, 2018 WL 3096991 (N.J. Super. Ct. App. Div. June 25, 2018)
In the Matter of the Estate of Carol A. Lee Rankins, No. A-2686-16T3, 2018 WL 3096991 (N.J. Super. Ct. App. Div. June 25, 2018). This matter concerned whether Clyde Rankins, the surviving spouse of Carol A. Lee Rankins (“ the decedent”) was entitled to the proceeds from the sale of the home allegedly owned jointly […]
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09.05.2018
New Jersey Appellate Division Weighs In On Filial Responsibility
Egg Harbor Care Ctr. v. Scheraldi, No. A-2956-16T4, 2018 WL 3352770 (N.J. Super. Ct. App. Div. July 10, 2018). This Appellate Division opinion focuses on whether family members can be personally liable for the costs of a loved one’s nursing home care facility. Patricia Scheraldi (“Patricia”) lived in Virginia, where she executed a Durable Power […]
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08.27.2018
Michigan Supreme Court Upholds Attorney as Beneficiary Under Client’s Will
In re Mardigian Estate, No. 152655, 2018 WL 3077084 (Mich. June 21, 2018). The Michigan Supreme Court affirmed the appellate divisions ruling that an attorney was not automatically prohibited from being the beneficiary of a will he drafted for his client, even though such action may violate the rules of professional conduct. Attorney Mark […]
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