In re Estate of Dornic, Docket No. 2414-21 (N.J. Super. App. Div. Feb. 27, 2024) This case concerns a complaint that was dismissed under the doctrine of laches.  The Appellate Division affirmed. Olga Dornic (“Decedent”) died intestate on February 3, 2008.  The Decedent was never married, had no children, and left no living parents, siblings, […]

Roik v. Roik, Docket No. A-2522-21 (N.J. Super. App. Div. Nov. 27, 2023) In August 2020, plaintiff Paul Roik (“Paul”) filed for divorce from defendant Anita Roik (“Anita”), his spouse of 46 years.  The couple had three children together, all of whom are adults.  In 2013, long before filing for divorce, Paul had executed a […]

In re Estate of Bardizbanian, Docket No. A-3370-21 (N.J. Super. App. Div. Mar. 5, 2024) Siran Bardizbanian (“Decedent”) died on March 9, 2021.  Decedent’s daughter, Maggie, sought to reject Decedent’s November 6, 2000 will (“2000 Will”), which disinherited her.  Decedent’s son, Gary, was a proponent of the 2000 Will, of which he was the named […]

Matter of Estate of Heinecke, No. A-3604-21, 2024 WL 1125186 (N.J. Super. Ct. App. Div. March 15, 2024) This case centers around the modification of a will under the cy pres doctrine. Barbara Heinecke (“Decedent”) died testate on April 9, 2021.  The relevant portion of her Last Will and Testament dated January 19, 2012 (“Will”) […]

Balint v. Commissioner of Internal Revenue, T.C. Memo. 2023-118 (2023) Petitioner Joseph Michael Balint (“Petitioner”) brought suit against the IRS, for a tax assessment related to withdrawals made from his IRA and his life insurance by his spouse, Jacqueline Grimes Balint (“Jacqueline”), acting as his agent under a power of attorney. During the 2014 tax […]

In re Estate of Wasowicz, 2023 WL 8069402, No. A-3620-21 (N.J. Super. App. Div. Nov. 21, 2023) This case focused on whether an oral agreement made in 1987, 35 years prior to death, is akin to a Will or, in the alternative, can be an enforceable oral contract in New Jersey. From 1971 to 1987 […]

In the Matter of A.D., 477 N.J. Super. 288 (App. Div. 2023) This published opinion defines limitations to the exception to the American Rule against fee shifting in guardianship actions.  The case was initiated by the Sussex County Office of Adult Protective Services (“APS”).  The court appointed Stephen Kossup as counsel and Brian Lundquist as […]

Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023) This case addressed fee shifting and the application of the American Rule in estate litigation.  In particular, the parties were seeking reconsideration of the trial court’s order which shifted to them the obligation to pay their adversaries’ […]

In re Robert T. Keeler Maintenance Fund, 306 A.3d 795 (N.H. 2023) The decedent bequeathed funds in his will to Dartmouth College for the maintenance of a golf course.  The college sought to modify that restriction since the golf course had closed.  The college proposed to use the funds to support other golf-related programs and […]

Robert Borteck, PC v. Frederick Kennedy And Gabriel Yandoli, Co-Executors of the Estate of Francis P. Kennedy, deceased, Docket No. A-3819-21 (N.J. Super. App. Div. Jan. 22, 2024) Defendants were the executors of the estate of Francis P. Kennedy (“defendants”). On April 14, 2008, defendants entered an agreement with the law firm of plaintiff Borteck […]