Category: Hot Trends: Developing Case Law
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01.23.2017
NJ Supreme Court Grants Cert: Thieme v. Aucoin-Thieme
Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016) In 1999, plaintiff Michael J. Thieme was employed at a biometrics consulting firm. In late 2000 or 2001, Michael met the defendant, Bernice F. Aucoin-Thieme. By May 2002, they were living together, and their daughter was born in 2003.
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01.09.2017
New Jersey District Court Held Taiwan an Adequate Alternative Forum Under Doctrine of Forum Non Conveniens
Chen-Teh Shu v. Wang, 2016 U.S. Dist. LEXIS 143222 (D.N.J. Oct. 17, 2016). This matter is one of many related suits regarding the proper disposition of assets from the estate of a Taiwanese billionaire, Yung-Ching Wang (the “Decedent”), who died intestate. Plaintiffs, Chen-Teh Shu, Dong-Zung Dai, and Robert Shi, are joint executors of the will […]
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12.19.2016
Appellate Division Finds 45-Day Limitation To Appeal Not Triggered As Final Accounting And Distribution Remained To Be Submitted
In the Matter of the Estate of Jones, 2016 N.J. Super. Unpub. LEXIS 2173 (App. Div. Oct. 3, 2016). Defendant Perry Jones, nephew of decedent Hermeles Jones and prior administrator and a beneficiary of decedent’s estate, appealed from the order of the probate court that approved the final accounting and distribution of assets submitted by […]
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12.08.2016
Executor’s Failure to Repay Note Before Making Distributions Constituted A Breach of Fiduciary Duty
Riedl v. Economaki, 2016 N.J. Super. Unpub. LEXIS 2169 (App. Div. Sept. 30, 2016). Plaintiff, Christine Riedl, a daughter and executor of the Estate of Christopher C. Economaki, appealed from an order granting summary judgment to decedent’s other daughter, defendant Corinne Economaki. Decedent died testate and the dispute arose over the payment of estate, inheritance, […]
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12.08.2016
Appellate Division Finds Claims Against Estates Under The UFTA Are Cognizable
Rubenstein v. Estate of Rubenstein, 2016 N.J. Super. Unpub. LEXIS 2119 (App. Div. Sept. 21, 2016). Plaintiffs were the decedent’s former wife and his two children. They alleged that the decedent intentionally and wrongfully rendered his estate insolvent through inter vivos transfers to the individually named defendants and that those defendants cooperated with his plan. […]
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11.07.2016
Court Ordered $50,000 in Counsel Fees After 24 Day Bench Trial
Soskina v. Estate of Turyan, New Jersey Superior Court App. Div., Docket No. A-3116-14T3 (Oct. 3, 2016). Inna Soskina filed a complaint against the Estate of Alexander Turyan seeking palimony and other monetary relief. The complaint named the decedent’s brother, Edward, and decedent’s daughter, Anna as co-executors of the estate. After a twenty-four day bench […]
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11.07.2016
Despite Mild Dementia, Appellate Division Found Decedent Fully Cognizant
In the Matter of the Estate of Nella Tornaben, New Jersey Superior Court, App. Div., Docket No. A-5181-14T4 (Sept. 27, 2016). On June 28, 2013, the surrogate of Essex County admitted the December 7, 2011, will of decedent Nella Tornaben to probate. The surrogate issued Letters of Testamentary to Nella’s nephew and her accountant who […]
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10.24.2016
Spendthrift Trust Protected in Divorce: Massachusetts Supreme Court Establishes a Bright Line Rule
The Massachusetts case, Pfannenstiehl v Pfannenstiehl, 475 Mass. 105 (Aug. 4, 2016), brought national attention to the issue of whether distributions of trust income, principal, or both may be included in the parties’ divisible marital estate. In this case, Curt and Diane Pfannenstiehl were married for ten and a half years and had two children. […]
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09.30.2016
Wrap Up of the 14 Part Series of the New Jersey Uniform Trust Code
On January 19, 2016, the New Jersey Legislature passed, and Governor Christie signed into law, the New Jersey Uniform Trust Code (“NJ UTC”). The new statute became effective as of July 17, 2016, and it is in Chapter 31 of Title 3B of the New Jersey statutes. Although the NJ UTC became effective on July […]
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09.21.2016
The New Jersey Uniform Trust Code – Part 14: Jurisdiction and Venue
A. NJ UTC N.J.S.A. § 3B:31-8 of the NJ UTC initially states that a designation of the principal place of administration in the terms of the trust will be upheld so long as “(1) a trustee maintains a place of business located in or a trustee is a resident of the designated jurisdiction; or (2) […]
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