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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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 This is an unpublished Appellate Division decision arising out of Burlington County.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 […]

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 […]

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 […]

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 This case is an unpublished Appellate Division decision arising out of San Diego County, California.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 […]

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 This is an unpublished Appellate Division decision arising out of Morris County, New Jersey.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 […]

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 This case is an unpublished Appellate Division decision arising out of Ocean County, New Jersey.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 […]

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 […]

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.