Category: Hot Trends: Developing Case Law
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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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08.27.2018
In the Matter of the Estate of Pauline Donner, No. A-2279-16T1, 2018 WL 3059692 (N.J. Super. Ct. App. Div. June 21, 2018).
In the Matter of the Estate of Pauline Donner, No. A-2279-16T1, 2018 WL 3059692 (N.J. Super. Ct. App. Div. June 21, 2018). Pauline Donner (“the decedent”) died on December 3, 2007. Her children, Christopher Donner (“Donner”) and Debra Morrison (“Morrison”), were the co-executors of her estate. In her will, the decedent bequeathed her stock shares […]
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08.27.2018
In the Matter of the Estate of John F. McGrail, Jr., Deceased, No. A-4570-16T1, 2018 WL 2949145 (N.J. Super. Ct. App. Div. June 13, 2018).
In the Matter of the Estate of John F. McGrail, Jr., Deceased, No. A-4570-16T1, 2018 WL 2949145 (N.J. Super. Ct. App. Div. June 13, 2018). This decision applied the standards of a gift to affirm the transfer of a classic car. Petitioner William J. McGrail, Jr.(“William”) filed a claim against the estate of his nephew, […]
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08.27.2018
In the Matter of Y.M., an Incapacitated Person, No. A-4532-16T4, 2018 WL 2922766 (N.J. Sup. Ct. App. Div. June 8, 2018).
In the Matter of Y.M., an Incapacitated Person, No. A-4532-16T4, 2018 WL 2922766 (N.J. Sup. Ct. App. Div. June 8, 2018). In 2015, Y.M. was adjudicated an incapacitated person, and the New Jersey Office of the Public Guardian for Elderly Adults (OPG) was appointed guardian. The record reflected that Y.M. resided at Hudson View, a […]
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08.27.2018
Appellate Court Enforces Codicil Written in Decedent’s Blood
In the Matter of the Will of Bradway, No. A-4535-16T3, 2018 WL 3097060 (N.J. Super. Ct. App. Div. June 25, 2018). The decedent, Will Bradway, was in a long-term relationship with his life partner, Marc Coleman. They filed documents in Philadelphia to recognize their relationship as life partners. In 2001, Bradway executed a traditional will, […]
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08.27.2018
Recent U.S. Supreme Court Decision Highlights the Need to Update Estate Plans and Beneficiary Designations Following A Marital Dissolution
Sveen v. Melin, 138 S. Ct. 1815 (U.S. Jun. 11, 2018). This decision applied the two-step test for determining Contracts Clause violations with respect to the retroactive application of a Minnesota law which established a default rule of automatic revocation of beneficiary designation upon divorce. The Supreme Court upheld the retroactive application. Enacted in 2002, […]
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05.08.2018
Trial Judge Abused Discretion With Blanket Fee Award
In the Matter of the Estate of Jeane C. Simon, Deceased, 2018 WL 1936830, A-2490-15T2, A-2763-15T2, A-2873-15T2, A-2874-15T2 (N.J. Super. Ct. App. Div. April 25, 2018). Multiple proceedings occurred over four years, dealing with overlapping disputes as to an estate and a guardianship. The focus on appeal was the trial court’s awards of counsel fees […]
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