Category: Hot Trends: Developing Case Law
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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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07.25.2017
Appellate Division Affirms Burlington County Decision: Handwritten Document Constitutes A Valid Will
In the Matter of the Estate of Alice M. Malsberger, deceased, No. A-2751-15T3 (N.J. Super. Ct. App. Div. July 14, 2017). This is an unpublished Appellate Division decision arising out of Burlington County. The material facts were not in dispute. Alice Malsberger (“Alice”) died May 26, 2015. Following Alice’s death, plaintiff Patricia White (“Patricia”), a […]
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06.19.2017
Sovereign Immunity Bars Suit Against State Employees of DMAHS
Deal v. Velez, 2017 U.S. Dist. LEXIS 39427 (D.N.J. March 20, 2017). This matter was on appeal before the District Court on defendants’ motion to dismiss the Amended Complaint for lack of jurisdiction. The issue before the Court was whether the defendants are entitled to sovereign and/or qualified immunity under the Eleventh Amendment. This case […]
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05.31.2017
Domestic Partners Not Eligible for Marital Exemption under NJ Estate Tax
Jiwungkul v. Dir., Div. of Taxation, 2017 N.J. Super. LEXIS 62, No. A-4089-15T2, (N.J. Super. Ct. App. Div. May 30, 2017). This case pertains to marital deduction eligibility for domestic partners in New Jersey under the New Jersey Inheritance Tax and the New Jersey Estate Tax. Here, Rucksapol Jiwungkul and Michael R. Connolly, Jr. were […]
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05.11.2017
Court Determines the Principal Place of Trust Administration
Stegier v. Steiger, 2016 Cal. App. Unpub. LEXIS 5806, No. 37-2013-00072651 (Cal. App. Div. Aug. 5, 2016). This case is an unpublished Appellate Division decision arising out of San Diego County, California. Lee Steiger (“Lee”) petitioned the probate court in California to compel trustee Paul Steiger (“Paul”) to account for the Louise A. Steiger Trust […]
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