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 […]

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, […]

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 […]

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, […]

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, […]

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 […]

In the Matter of the Estate of Yoram Koby, Deceased, 2018 WL 1660580 (N.J. Super. Ct. App. Div. April 6, 2018). This is an unpublished Appellate Division opinion arising out of Bergen County. The case involves the standards for reconsideration, frivolous litigation sanctions and the importance of a properly drafted notice of appeal. Yoram Koby […]

In the Matter of the Estate of Violet Nelson, Deceased, 2018 WL 1513450, A-4004-15T1 (N.J. Super. Ct. App. Div. March 28, 2018). Approved for publication. The decision determined that the courts may look beyond the apparently plain language of a trust to determine the settlor’s probable intent. Violet Nelson left trust property to her “grandchildren.” […]

In The Matter of The Estate of Irene Halpecka, No. A-5400-15T1 (N.J. Super. Ct. App. Div. Jan. 10, 2018). This is an unpublished Appellate Division opinion arising out of Burlington County. Plaintiffs and Rosemary Walsh (“Rosemary”) were the residuary devisees under the will of Irene Halpecka.  Rosemary was also the executor and Halpecka’s agent under […]

In the Matter of the Estate of Helen Hauke, 2018 WL 580259, No. A-4103-15T3  (N.J. App. Div. Jan. 29, 2018).