Category: Hot Trends: Developing Case Law
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05.08.2018
Appellate Division Affirmed Frivolous Litigation Sanctions
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 This is an unpublished Appellate Division opinion arising out of Bergen County.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 […]
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05.08.2018
Appellate Division Looks to Extrinsic Evidence for Settlor’s Intent and Reverses Trial Court
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.” […]
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03.13.2018
NJ Appellate Division Upholds Award of Counsel Fees Under the Niles Exception
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 This is an unpublished Appellate Division opinion arising out of Burlington County.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 […]
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02.05.2018
NJ Appellate Division Vacated Award of Counsel Fees
In the Matter of the Estate of Helen Hauke, 2018 WL 580259, No. A-4103-15T3 (N.J. App. Div. Jan. 29, 2018).
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02.05.2018
NJ Appeals Court Acknowledged Plaintiff’s Cognizable Palimony Claim, Yet Found Plaintiff Failed to Timely Appeal
Terranova v. Estate of Stuart Paer, et al., 2017 WL 5507957, No. A-4221-15T4 (N.J. App. Div. Nov. 17, 2017).
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02.05.2018
NJ Appellate Division Held Appellants Should Not Be Deprived of Their Day in Court
In the Matter of Mildred Suesser, deceased, 2017 WL 5898961, No. A-0098-16T2 (N.J. App. Div. Nov. 29, 2017).
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01.10.2018
NJ Appellate Division Addresses the Interplay of Family and Intestacy Law
In the Matter of the Estate of Louis M. Acerra, 2017 N.J. Super. No. A-1955-15T1, 2017 WL 6048117 (N.J. Super. Ct. App. Div. Dec. 7, 2017). This unpublished Appellate Division case is an example of the intersection between family law and estate law. In particular, this matter involves litigation regarding the administration of an intestate […]
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01.10.2018
NJ Trial Court Mistakenly Applied Its Discretion By Not Allowing Filing Extension
In the Matter of the Estate of Florence Fisher, No. A-0515-16T, 2017 WL 5895758 (N.J. Super. Ct. App. Div. Nov. 28, 2017). These two pieces of litigation involved the efforts of plaintiff Meredith A. Fisher to void estate planning by her mother, the late Florence Fisher.
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12.21.2017
California Court of Appeals Weighs In On Attorney-Client Privilege of Trustees
Fiduciary Tr. Internat. of Cal. v. Klein, 9 Cal. App. 5th 1184, 216 Cal. Rptr. 3d 61 (Cal. Ct. App. Mar. 21, 2017). This case out of California deals with the cutting edge issue regarding the attorney-client privilege as it applies to trustees. The facts of this case center around the Mark Hughes Family Trust […]
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12.21.2017
NJ Appellate Court Affirms Decedent’s Capability of Executing An Enforceable Will, Despite Having Mild Dementia
In the Matter of the Estate of Alfred Finocchiaro, Sr., WL 5898592, No. A-4532-14T1 (N.J. Super. Ct. App. Div. Nov. 30, 2017). This matter was on appeal from the Superior Court of New Jersey, Chancery Division, Probate Part, Morris County. Judge Fuentes, Presiding Judge of the Appellate Division, wrote the opinion.
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