O’Hara v. O’Hara, 2016 N.J. Super. Unpub. LEXIS 409 (App. Div., Feb. 25, 2016) This case epitomizes the increasing overlap between estate and family law. Emmaline and John O’Hara were married in 1955.  They had two children, including a son, Kevin, from whom John was estranged. John acquired substantial assets during the marriage, allegedly be […]

Gately v. Hamilton Memorial Home, 442 N.J. Super. 542 (App. Div. 2015). This decision considered the rights of surviving family members to control the disposition of the remains of a decedent. Decedent John Gately was killed in an automobile accident on October 16, 2009.  His parents had divorced when he was a child.  The mother […]

In the Matter of Violet Nelson, No. BER-P-001-15 (Chancery Division Jan. 27, 2016) In this matter, the Court assessed whether it could alter the “plain, unambiguous language of the Trust, based on extrinsic evidence suggesting that the plain, unambiguous language of the Trust is not what the Settlor intended.”  Id. at *1.  The Settlor established […]

The petitioner, Lori Ann Parker, appealed an April 29, 2014 Order that dismissed her Verified Complaint.  Petitioner had sought to set aside her aunt’s Will because, among other reasons, she claimed that her aunt had signed the Will as the result of undue influence and also lacked requisite testamentary capacity. On June 25, 1987, Kathryn […]

IN THE MATTER OF THE ESTATE OF JANE P. SOGLIUZZO. SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION DOCKET NO. A-0882-14T2; Decided December 17, 2015 2015 NJ Super Unpub LEXIS 2921   Jane P. Sogliuzzo died in 2008.  She left a son, John Sogliuzzo, and a daughter, Jane Adkins. Individually and as executor of her mother’s […]

Decided December 11, 2015 SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0878-14T2 2015 NJ Super LEXIS 204 Approved for publication In this case of first impression, the Appellate Division interpreted N.J.S.A. 3B:5-14.1(b)(1), which provides that a parent who is deemed to have “abandoned” his or her child “by willfully forsaking” the child is […]

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 […]