Category: Hot Trends: Developing Case Law
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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 This unpublished Appellate Division case is an example of the intersection between family law and estate law.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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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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