Category: Hot Trends: Developing Case Law
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04.18.2017
Plaintiff Fails To Establish An Inter Vivos Gift and Award of Counsel Fees Reversed
McDermott-Guber v. Estate of McDermott, 2017 N.J. Super. Unpub. LEXIS 1240, Docket No. A-1210-15T3 (N.J. Sup. Ct. App. Div. May 19, 2017). This is an unpublished Appellate Division decision arising out of Morris County, New Jersey. This case pertains to whether plaintiff adduced sufficient evidence to establish a valid inter vivos gift. Here, a vacant […]
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04.10.2017
Fraud Must Be Pleaded With Specificity
Epstein v. Epstein, 2017 N.J. Super. Unpub. LEXIS 1165, No. A-1558-15T3 (N.J. Super. Ct. App. Div. May 15, 2017). This case is an unpublished Appellate Division decision arising out of Ocean County, New Jersey. Plaintiff Neal Epstein (“Neal”) appealed the trial court’s order dismissing his Complaint against Barbara Epstein (“Barbara”). Neal’s Complaint alleged that as […]
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03.30.2017
Appeallate Division Affirms Finding Of Trustee’s Breach Fiduciary Duty
Estate of Lerner v. Lerner, No. A-0399-15T4, 2017 N.J. Super. Unpub. LEXIS 804 (N.J. Super. Ct. App. Div. Mar. 30, 2017). Defendant Tisa Lynn Lerner appeals from an August 11, 2015, judgment finding she breached her fiduciary duties as trustee for plaintiff, the Estate of Harry Lerner. Tisa is one of three daughters of the […]
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03.16.2017
Appeals Court Found Arbitrator Did Not Exceed His Authority
In Re Estate of Lederer, No. A-0175-14T1, 2017 N.J. Super. Unpub. LEXIS 665 (N.J. Super. Ct. App. Div. Mar. 16, 2017). This case pertains to an arbitrator’s authority to decide the validity of a Will. The Appellate Division addressed two appeals that were consolidated.
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03.08.2017
New Jersey Court Applies The Doctrine Of Forum Non Conveniens
Travelers Casualty and Surety Company, Inc. v. Skrabonja, et al., 2017 N.J. Super. Unpub. LEXIS 591 (N.J. Super. Ct. Law Div. Mar. 8, 2017). Bronko Grcic was involved in a car accident in the late 1970s that left him paralyzed on the left side of his body, confining him to a wheelchair. Litigation related to […]
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02.21.2017
Appellate Court Finds Financial Institutions Do Not Owe A Legal Duty To Non-Customers
Wolens v. Morgan Stanley Smith Barney, LLC, 155 A.3d 1 (N.J. Super. Ct. App. Div. Feb. 21, 2017). Plaintiff Kathleen Wolens (“Wolens”) appealed a trial court order granting summary judgment and dismissing her complaint against her deceased mother’s former investment company — Morgan Stanley Smith Barney, LLC (“Morgan Stanley”) — and its account manager, co-defendant […]
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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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