Category: Hot Trends: Developing Case Law
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07.15.2024
Undue Influence Not Found Where No Evidence of Financial Exploitation
In re Estate of Iannacco, Docket No. A-1674-22 (N.J. Super. App. Div. June 24, 2024) Maria Iannacco (“Decedent”) was married to Aldo Iannacco Sr. (Aldo Sr.). They had two sons, plaintiff Francesco Iannacco (“Francesco”) and defendant Aldo Iannacco Jr. (“Aldo Jr.”). Francesco had two children, and Aldo Jr. had two children, including defendant Bianca Martinelli […]
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07.12.2024
United States Supreme Court Unanimously Decides that Life Insurance Proceeds on Life of Business Owner Increases Value of Shares
Connelly v. United States, 144 S.Ct. 1406 (2024) Two brothers, Michael and Thomas Connelly, owned a building supply corporation. To keep the company in the family in the event either of the brothers died, the brothers entered into an agreement where the surviving brother would have the option to purchase the deceased brother’s shares. If […]
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04.24.2024
Federal Subject Matter Jurisdiction Not Found by District of New Jersey: Probate Exception Applied
Crane v. Crane, Docket No. 23-cv-01527 (D.N.J. Apr. 1, 2024) The plaintiff, Michael Crane (“Michael”), brought claims in federal court alleging that the defendants — Michael’s sister, Jacqueline Crane (“Jacqueline”) and Michael’s nephew, Joseph Candela (“Joseph”) — unlawfully deprived him of property. He also claimed that Jacqueline breached her fiduciary duties and was negligent for […]
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04.19.2024
Don’t Forget to Label Your Beneficiary Designation Forms with the Correct Account Number: A Cautionary Tale
Quick v. Morgan Stanley, Docket No. A-0443-21 (N.J. Super. App. Div. Jun. 29, 2023) This matter arises from a dispute over the rightful beneficiaries of a Roth IRA held by the decedent. Frederick Quick (“Decedent”) died leaving, in relevant part, a Roth IRA with Morgan Stanley. The Decedent was predeceased by his spouse (“Marie”) and […]
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04.16.2024
Estate Can Sue Ex-Spouse to Recover Retirement Funds
In re Estate of Petronaci, Docket No. A-3842-21 (N.J. Super. App. Div. Jan. 10, 2024) Brian Petronaci (“Decedent”) was married to defendant Laurie Voight (“Laurie”) from 2008 to 2015. Section 9 of the couple’s Marital Settlement Agreement (“MSA”) stipulated that each party waived any interest in the other’s retirement benefits. Section 2.2 of the MSA […]
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04.09.2024
Federal Regulations Preempt Inconsistent State Law
In re Jones, Docket No. A-2944-21 (N.J. Super. App. Div. Nov., 14, 2023) Michael Jones (“Decedent”) was married to Jeanine Jones (“Jeanine”) in 1990. The couple divorced in January 2018. The Decedent and Jeanine’s Divorce Settlement Agreement (“DSA”) stipulated, in relevant part, that any retirement and bank accounts would be retained by the party in […]
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04.01.2024
Doctrine of Laches Properly Applied Where Verified Complaint filed Over a Decade After Decedent’s Death
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, […]
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03.29.2024
New Jersey Statutes Closing “Black Hole” of Litigation to be Applied Retroactively
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 […]
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03.26.2024
Will Contest Based on Decedent’s Ability to Speak English Rejected
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 […]
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03.22.2024
Appellate Division Invokes Cy Pres Doctrine to Further Decedent’s Charitable Intent
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”) […]
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