Category: Hot Trends: Developing Case Law
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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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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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