Category: Hot Trends: Developing Case Law
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11.28.2017
NJ Appellate Division Finds Removal Of Executor Unwarranted
In the Matter of the Estate of Dolores M. Pierce, Deceased, 2017 N.J. Super. Unpub. LEXIS 2381, No. A-4691-15T4 (N.J. Super. Ct. App. Div. Sept. 22, 2017). This case arose from the Monmouth County Probate Part.
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11.28.2017
Court Affirms Counsel Fee Award For An Amount Substantially Less Than The Sums Requested
In the Matter of the Estate of James E. Mellodge, Deceased, 2017 N.J. Super. Unpub. 2466, No. A-4161-15T3 (N.J. Super. Ct. App. Div. Sept. 26, 2017). The Appellate Division assessed a trial court’s counsel fee awards from an estate.
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11.28.2017
NJ Appellate Court Finds Confidential Relationship, But No Suspicious Circumstances
In the Matter of the Estate of Winter, 2017 N.J. Super. Unpub. LEXIS 2434, No. A-0250-15T4 (N.J. Super. Ct. App. Div. Sept. 27, 2017). This case arose from the Morris County, Probate Part.
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11.28.2017
NJ Appellate Court Finds Purported Settlement Unenforceable and Proponents of Will Satisfied Their Burden of Proof
In the Matter of the Estate of Felix Braun, Deceased and In the Matter of the Probate of the Lost Will of Sylvia Braun, 2017 N.J. Super. Unpub. LEXIS 2747 (N.J. Super. Ct. App. Div. Nov. 2, 2017).
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11.28.2017
NJ Appellate Division Modified Surcharges Imposed By Trial Court
In the Matter of the Estate of Mary Jane Lynch, Deceased, 2017 N.J. Super. Unpub. LEXIS 2793, A-5617-14T2 (N.J. Super. Ct. App. Div. Nov. 8, 2017). This case covers a multitude of issues involving the appeal of several trial court Orders. This summary will address only some of the novel and noteworthy issues covered in […]
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09.20.2017
PA Supreme Court Finds It Unlawful To Modify A Trust To Add A Portability Provision
Trust Under Agreement of Edward Winslow Taylor, 2017 Pa. LEXIS 1692 (July 19, 2017), petition denied 2016 Phila. Ct. Com. Pl. LEXIS (Pa. CP. Oct. 2016), affirmed 2017 Pa. Super. 275 (Pa. Super. Ct., Aug. 23, 2017).
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09.18.2017
NJ Court Permits Service of Process Through Facebook
In K.A. v. J.L., 450 N.J. Super. 247 (Ch. Div. 2016), the New Jersey Superior Court held that service of process through the social media platform Facebook was permissible after service through certified mail was ineffective. The adoptive parents instituted this action to enjoin the biological father from holding himself out as the father of […]
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09.07.2017
NJ Appellate Division Addresses The Nature Of Distributions From An Estate
In the Matter of the Estate of Anna Fabics, 2017 N.J. Super. Unpub. LEXIS 1816, No. A-5576-14T2 (N.J. Super. Ct. App. Div. July 19, 2017). This decision, rendered on July 19, 2017, deals primarily with the nature of distributions (cash versus in kind) from an estate. The opinion also affirms an award of counsel fees […]
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09.07.2017
Pennsylvania Orphans’ Court Affirms Ruling: Petitioner Failed To Establish Lack Of Capacity
In re D.G., Alleged Incapacitated Person, 7 Fiduc. Rep. 3d 116 (O.C. Div. Berks Cnty. Aug. 9, 2016). Petitioner appealed the denial of his petition for adjudication of incapacity of his 91 year old mother and the denial of his appointment as the plenary guardian for his mother. The Orphans’ Court held that there was no […]
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08.02.2017
Video: 5th Annual Estate Litigation Seminar – Hot Trends
Hot Trends in Estate Litigation Moderator: Anthony R. La Ratta Speakers: Andrew J. Cevasco, Gregory J. Palakow, Denis J. Lawler, Melissa Osorio Dibble, and Brittney A. Cafero
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