In re Estate of R.S., No. A-3452-22 (N.J. Super. App. Div. Oct. 31, 2024) The defendant appealed an Order appointing the plaintiff as the administrator of the decedent’s estate.  The Appellate Division reversed and remanded. The defendant was adopted by the decedent and his spouse from Russia shortly after he was born in 1993.  The […]

In re Estate of Kenneth C. Haugh, 2024 WL 4664488 (Pa. Super. Nov. 4, 2024) This matter came before the Superior Court on appeal from the Orphans’ Court granting declaratory judgment in favor of Deborah Haugh, wife of testator Kenneth Haugh, after she died in October 2022.  The primary issues decided on appeal were whether […]

Geswaldo v. Geswaldo, 2024 WL 4615590, No. A-3540-21 (N.J. Super. App. Div. Oct. 30, 2024) Christine and Rachel Geswaldo (the “sisters”) appealed a decision in favor of their sister-in-law, Joan Geswaldo, regarding a dispute over a family trust and real estate partnership. In 1991, Joseph, the siblings’ father, set up a trust to hold two […]

Krivulka v. Lerner, No. 2:20-CV-09724, 2024 WL 4318735 (D.N.J. Sept. 27, 2024) This is one in a series of decisions stemming from a legal malpractice action for estate planning. The defendants/lawyers had acted as counsel for the decedent, Joseph Krivulka, and his wife, plaintiff Angela Krivulka, for estate planning and other purposes. The plaintiff alleged […]

In re Tr. B Under Agreement of Richard H. Wells Dated September 28, 1956, 311 A.3d 1057 (Pa. 2024) In September 1956, Richard H. Wells (“Wells”), President of First Seneca Bank and Trust Company (“First Seneca”), established the Richard H. Wells Revocable Trust Agreement (the “Trust”), naming First Seneca as corporate trustee. Prior to his […]

Application of Follman, 81 Misc.3d 275(N.Y. App. Div. 2023) Ahron Follman (“Petitioner”) is the son of Esther Follman and Lazar Follman (“Decedent”).  Decedent died in 2018 and his wife, Esther, died in 2021.  In 1996 and 2011, Decedent and his wife created trusts in which their children and issue were treated almost equally.  Those trusts […]

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 […]