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 […]

In re Estate of Mark A. Rayner, Docket No. A-2619-20 (N.J. Super. App. Div. Nov. 9, 2023) This matter concerns a will contest between Carol Petty, the decedent’s sister, and Colleen Kelly-Rayner, the decedent’s widow.  Carol appealed three orders entered by the trial court: (1) granting summary judgment in favor of Colleen that awarded her […]

In the Matter of A.H., Docket No. A-2782-21 (N.J. Super. App. Div. Nov. 28, 2023) This case addressed an array of issues involving guardianships and divorce. A.H. and T.H. were married in New Jersey in 1987.  A.H. originally filed a complaint for divorce in 2012 but that was dismissed by a consent order in 2017. […]

In the Matter of Estate of Jones, No. A-2944-21, 2023 WL 7509426 (N.J. Super. Ct. App. Div. Nov. 14, 2023) This case reflects the intersection between estate disputes and divorce.  Defendant Jeanine Jones (“Jeanine”) appealed from an April 23, 2020 trial court order granting partial summary judgment and dismissing her creditor’s claim against the estate […]

In the Matter of A.H., Docket No. A-2782-21 (N.J. Super. App. Div. Nov. 28, 2023) This case addressed an array of issues involving guardianships and divorce. A.H. and T.H. were married in New Jersey in 1987.  A.H. originally filed a complaint for divorce in 2012 but that was dismissed by a consent order in 2017. […]