Category: Hot Trends: Developing Case Law
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08.16.2024
Exceptions to Accounting Rejected by Appellate Division
In re T/U/W of Wen, Docket No. A-3675-22, (N.J. Super. App. Div. Jul. 8, 2024) Peter Wen (“Peter”) was the son of the decedent, Wu Huai Wen. The case focused on a trial court order approving the first interim accounting of the trust (“Trust”) established under the decedent’s last will, for the period August 1, […]
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08.09.2024
Abuse of Discretion Not Found in Calculation of Trustee’s Commissions for Part of a Year
In the Matter of the Davi H. Kato Special Needs Trust, Dated December 11, 2018, No. A-0414-22, 2024 WL 762247 (N.J. Super. Ct. App. Div. February 26, 2024) Fabio and Maria Kato (the “Katos”) were natives of Brazil. While visiting New Jersey in 2015, they had a son, Davi, who was born with cerebral palsy. […]
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08.08.2024
Oral Agreement Argument Unsuccessful; Terms of Will Upheld
In re Estate of Spitz-Oose, Docket No. A-0451-22 (N.J. Super. App. Div. Apr. 10, 2024) Plaintiff Brian Spitz (“Brian”) brought claims against the estate of his mother. The center of the dispute was real estate owned by the mother and Brian’s allegation that his mother promised orally to leave him the property if he provided […]
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08.02.2024
Doctrine of Laches Prevents Enforcement of Litigants’ Rights Claim
In re Estate of Semple, Docket No. A-3415-21 (N.J. App. Div. Jul. 31, 2024) This case dealt with the doctrine of laches. In 2000, Marie Semple executed the Marie Semple Qualified Personal Residence Trust (“QPRT”), an irrevocable trust that then owned residential property. The QPRT directed the trustee, on Marie’s death, to distribute the principal […]
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07.15.2024
Undue Influence Not Found Where No Evidence of Financial Exploitation
In re Estate of Iannacco, Docket No. A-1674-22 (N.J. Super. App. Div. June 24, 2024) Maria Iannacco (“Decedent”) was married to Aldo Iannacco Sr. (Aldo Sr.). They had two sons, plaintiff Francesco Iannacco (“Francesco”) and defendant Aldo Iannacco Jr. (“Aldo Jr.”). Francesco had two children, and Aldo Jr. had two children, including defendant Bianca Martinelli […]
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07.12.2024
United States Supreme Court Unanimously Decides that Life Insurance Proceeds on Life of Business Owner Increases Value of Shares
Connelly v. United States, 144 S.Ct. 1406 (2024) Two brothers, Michael and Thomas Connelly, owned a building supply corporation. To keep the company in the family in the event either of the brothers died, the brothers entered into an agreement where the surviving brother would have the option to purchase the deceased brother’s shares. If […]
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04.24.2024
Federal Subject Matter Jurisdiction Not Found by District of New Jersey: Probate Exception Applied
Crane v. Crane, Docket No. 23-cv-01527 (D.N.J. Apr. 1, 2024) The plaintiff, Michael Crane (“Michael”), brought claims in federal court alleging that the defendants — Michael’s sister, Jacqueline Crane (“Jacqueline”) and Michael’s nephew, Joseph Candela (“Joseph”) — unlawfully deprived him of property. He also claimed that Jacqueline breached her fiduciary duties and was negligent for […]
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04.19.2024
Don’t Forget to Label Your Beneficiary Designation Forms with the Correct Account Number: A Cautionary Tale
Quick v. Morgan Stanley, Docket No. A-0443-21 (N.J. Super. App. Div. Jun. 29, 2023) This matter arises from a dispute over the rightful beneficiaries of a Roth IRA held by the decedent. Frederick Quick (“Decedent”) died leaving, in relevant part, a Roth IRA with Morgan Stanley. The Decedent was predeceased by his spouse (“Marie”) and […]
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04.16.2024
Estate Can Sue Ex-Spouse to Recover Retirement Funds
In re Estate of Petronaci, Docket No. A-3842-21 (N.J. Super. App. Div. Jan. 10, 2024) Brian Petronaci (“Decedent”) was married to defendant Laurie Voight (“Laurie”) from 2008 to 2015. Section 9 of the couple’s Marital Settlement Agreement (“MSA”) stipulated that each party waived any interest in the other’s retirement benefits. Section 2.2 of the MSA […]
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04.09.2024
Federal Regulations Preempt Inconsistent State Law
In re Jones, Docket No. A-2944-21 (N.J. Super. App. Div. Nov., 14, 2023) Michael Jones (“Decedent”) was married to Jeanine Jones (“Jeanine”) in 1990. The couple divorced in January 2018. The Decedent and Jeanine’s Divorce Settlement Agreement (“DSA”) stipulated, in relevant part, that any retirement and bank accounts would be retained by the party in […]
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