When Robin Williams tragically took his own life in August of 2014, his family was grieving and his estate planning documents came under immediate scrutiny.  Williams left a wife (Susan Schneider Williams) whom he had married in October of 2011, and three adult children, Zachary, Zelda and Cody, from previous marriages.  Williams had adequately planned […]

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1099-13T1 Decided December 2, 2015 This dispute focused on the beneficiary designations for life insurance policies. Plaintiff Madeline Fromageot was the widow of decedent Paul Fromageot.  He died in 2004.  In 1996, the decedent completed an “enrollment card” which authorized his employer to deduct monies from […]

The New Jersey Appellate Division recently decided In re Estate of Matchuk, 2015 N.J. Super. Unpub. LEXIS 2465 (App. Div. Oct. 28, 2015) (found here), a case involving competing claims to decedent’s retirement accounts.  Prior to marrying his wife, decedent had designated his sister as the beneficiary of his retirement accounts.  After his marriage, decedent […]

In Jones v. Golden, No. SC 13-2536 (Fla. Sup. Ct. October 1, 2015), the Florida Supreme Court resolved a conflict among Florida’s district courts with regard to whether a reasonably ascertainable creditor who is not served with a notice to creditors is barred if the creditor does not file a claim within three months after […]

By Don Craig, Esquire. Almost every litigation attorney, at some point in his or her career, will file a certification of attorney services.  Most attorneys, particular younger attorneys, start with a template from an experienced practitioner and simply add the requested figures. There is much more to drafting a effective certification of attorney services.  First, […]

In the Matter of The Estate of Eddie Jones, III (App. Div. 8/26/2015), the Appellate Division affirmed a Burlington County Superior Court decision imposing a constructive trust upon the decedent’s life insurance policy proceeds by reforming the policy to enforce the terms of a settlement agreement that was incorporated into the decedent’s Amended Dual Final […]

In re: Eleanor Pierce (Marshall) Stevens Living Trust, 159 So. 3d 1101 (Ct. App. La. 2015) upheld an appointment of a trust protector as valid under Louisiana law. The trust was established in 1979 and amended several times. A 2007 amendment appointed a trust protector and afforded that person the power to remove the trustee. […]

Lucca v. Wells Fargo Bank, N.A., 2015 N.J. Super. LEXIS 105 (Law Div. Jan. 28, 2015)(approved for publication June 24, 2015) Over several months in 2011, plaintiff Margaret Lucca made approximately twenty-seven wire transfers, totaling about $330,000, from her account at Wells Fargo Bank.  She sent the funds at the direction of an individual who […]

In re Scuderi, 2015 N.J. Super. Unpub. LEXIS 1646 (App. Div. July 9, 2015) This case addressed issues pertaining to a guardianship dispute, including the sale of real estate and the removal of the guardian.  In particular, defendant Richard Scuderi appealed from the order authorizing the listing for sale of certain property and dismissing his […]

Title:  Developing Trends in Probate Litigation Date: September 18, 2014 Time: 1:30 PM to 3:30 PM Location: Harrah’s Resort, Atlantic City, NJ Speaker(s): Donald P. Craig and Anthony R. LaRatta of Archer & Greiner, PC Timed agenda:  1:30-1:35 PM Introductions, 1:35-3:30 PM Program, Credits Requested: 2.3 NJ (general—pending approval) Description of the program: This is the 3rd annual presentation. The two speakers present a review […]