Category: Hot Trends: Developing Case Law
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02.21.2017
The Right to Control A Testator’s Funeral
Old Bridge Funeral Home, LLC v. Pruckowski, et al., No. A-0519-15T2, 2017 N.J. Super. Unpub. LEXIS 397 (N.J. Super. Ct. App. Div. Feb. 21, 2017). This matter pertains to the right to control a testator’s funeral under N.J.S.A. § 45:27-22(a). Marie Pruckowski (“decedent”) passed away in October 2014. She was survived by her three children: […]
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02.09.2017
Appellate Division Reverses Trial Court’s Ruling and Finds That Grantor Has Standing
Andrews, et al. v. Frank, et al., No. A-5524-14T3, 2017 N.J. Super. Unpub. LEXIS 346 (N.J. Super. Ct. App. Div. Feb. 9, 2017). Clifford Andrews appealed an order dismissing his claims against fourth-party defendant, Steven Ford. In 1999, while Clifford and Terry Andrews were married, they created the Andrews Family Legacy Trust (trust), an irrevocable […]
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01.24.2017
Executor’s Lack of Cooperation Fell Short of Ordinary Prudence
In the Matter of the Estate of Grafer, Deceased, No. A-1096-15T3, 2017 N.J. Super. Unpub. LEXIS 159 (N.J. Super. Ct. App. Div. Jan. 24, 2017). Appellant Robert Grafer Jr., the executor of the estate of his late mother, appealed from the Probate Part order denying his motion for attorney fees.
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01.24.2017
Ethical Implications of Accessing Metadata
Estate of Kennedy, et al. v. Rosenblatt, et al., 2016 N.J. Super. LEXIS 140 (App. Div. Nov. 4, 2016). This Essex County matter addressed a conflict-of-interest issue involving attorneys who switched law firms and the electronic file that remained. In October 2013, plaintiffs Estate of Francis P. Kennedy and eight related trusts initiated a professional […]
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01.23.2017
NJ Supreme Court Grants Cert: Thieme v. Aucoin-Thieme
Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016) In 1999, plaintiff Michael J. Thieme was employed at a biometrics consulting firm. In late 2000 or 2001, Michael met the defendant, Bernice F. Aucoin-Thieme. By May 2002, they were living together, and their daughter was born in 2003.
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01.09.2017
New Jersey District Court Held Taiwan an Adequate Alternative Forum Under Doctrine of Forum Non Conveniens
Chen-Teh Shu v. Wang, 2016 U.S. Dist. LEXIS 143222 (D.N.J. Oct. 17, 2016). This matter is one of many related suits regarding the proper disposition of assets from the estate of a Taiwanese billionaire, Yung-Ching Wang (the “Decedent”), who died intestate. Plaintiffs, Chen-Teh Shu, Dong-Zung Dai, and Robert Shi, are joint executors of the will […]
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12.19.2016
Appellate Division Finds 45-Day Limitation To Appeal Not Triggered As Final Accounting And Distribution Remained To Be Submitted
In the Matter of the Estate of Jones, 2016 N.J. Super. Unpub. LEXIS 2173 (App. Div. Oct. 3, 2016). Defendant Perry Jones, nephew of decedent Hermeles Jones and prior administrator and a beneficiary of decedent’s estate, appealed from the order of the probate court that approved the final accounting and distribution of assets submitted by […]
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12.08.2016
Executor’s Failure to Repay Note Before Making Distributions Constituted A Breach of Fiduciary Duty
Riedl v. Economaki, 2016 N.J. Super. Unpub. LEXIS 2169 (App. Div. Sept. 30, 2016). Plaintiff, Christine Riedl, a daughter and executor of the Estate of Christopher C. Economaki, appealed from an order granting summary judgment to decedent’s other daughter, defendant Corinne Economaki. Decedent died testate and the dispute arose over the payment of estate, inheritance, […]
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12.08.2016
Appellate Division Finds Claims Against Estates Under The UFTA Are Cognizable
Rubenstein v. Estate of Rubenstein, 2016 N.J. Super. Unpub. LEXIS 2119 (App. Div. Sept. 21, 2016). Plaintiffs were the decedent’s former wife and his two children. They alleged that the decedent intentionally and wrongfully rendered his estate insolvent through inter vivos transfers to the individually named defendants and that those defendants cooperated with his plan. […]
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11.07.2016
Court Ordered $50,000 in Counsel Fees After 24 Day Bench Trial
Soskina v. Estate of Turyan, New Jersey Superior Court App. Div., Docket No. A-3116-14T3 (Oct. 3, 2016). Inna Soskina filed a complaint against the Estate of Alexander Turyan seeking palimony and other monetary relief. The complaint named the decedent’s brother, Edward, and decedent’s daughter, Anna as co-executors of the estate. After a twenty-four day bench […]
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