Holtham v. Holtham, No. A-3894-21, 2024 WL 3896876, (N.J. Super. Ct. App. Div. Aug. 22, 2024) Plaintiff, Frank Holtham, Jr. (“Frank”), as the personal representative for the estate of Frank Holtham, Sr., and derivatively on behalf of CP&F Realty, LLC (the “LLC”), appealed the dismissal of his Complaint against defendants, the co-personal representatives of the […]

Miranda v. Rinaldi, Docket No. A-3780-22, 2024 WL 4356344 (N.J. Super. App. Div. Oct. 1, 2024) This case tests the limits of the duties that attorneys owe to non-clients, in the context of legal malpractice. The decedent died in 2017.  He left three children:  plaintiff John; Victor; and Maria.  The decedent’s will named Maria as […]

In re Estate of Yorkowitz, Docket No. A-2835-22 (N.J. Super. App. Div. Sept. 4, 2024) The decedent died on May 28, 2019.  In July 2019, the Middlesex County Surrogate admitted to probate the decedent’s will of August 2018 and issued letters testamentary to plaintiff Billy Perialis.  The decedent’s will devised certain real estate to Perialis […]

In the Matter of 1979 Inter Vivos Tr. of Alfred & Mary Sanzari, Grantors, Dated June 1, 1979, No. A-3612-21, 2024 WL 3249366, (N.J. Super. Ct. App. Div. July 1, 2024) This case involved a dispute over the inclusion of Carl Sanzari (“Carl”), an adopted adult, as the beneficiary of two inter vivos trusts created […]

In re Estate of Vuong, Docket No. MON-P-459-19 (N.J. Super. Aug. 28, 2024) Quy Dinh Vuong (also known as Peter Dinh Vuong and referred to herein as “Peter”) executed his last will (“Will”) in 1984.  Peter died in May 2011.  His wife died shortly thereafter. The Will named his daughter, defendant Thu Ngo (“Thu”), as […]

In re Estate of Warnock, Docket No. A-0672-22 (N.J. Super. App. Div. Aug. 22, 2024) This appeal affirmed summary judgment on a claim to invalidate a will. The plaintiff, Betty Ann Turkus, was the daughter of the decedent, Joseph Warnock.  The decedent left two wills. The 2006 will named his wife as the beneficiary. In […]

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, […]

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.  […]

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 […]

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 […]