In re Estate of Susan L. Kittler, No. J-A20028-23, 2023 PA Super 180 (Pa. Super. Sept. 25, 2023) This case focuses on a will that was prepared and executed during the peak of the COVID-19 pandemic.  The Lancaster County Register of Wills denied the will for probate, determining that the document was not executed properly […]

Jones v. Jones, 103 Mass. App. Ct. 223 (2023) This case is another chapter in ongoing interplay of trusts and divorce proceedings between husband and wife. The wife’s mother made a variety of financial gifts and contributions throughout the years, including, but not limited to, settling a trust for the wife’s benefit (the “JJIT”). More […]

McFadden v. Pentagon Federal Credit Union, No. A-3538-20, 2023 WL 4777219 (N.J. Super. Ct. App. Div. July 27, 2023) This case illustrates how parties must stay wary of the applicable statute of limitations.  McFadden at *1.  The appellant, Joseph – nephew of the decedent, Joan McFadden (the “decedent”) – appealed an order granting Morgan Stanley […]

In re Grompone, No. A-0563-22, 2023 WL 4926145 (N.J. Super. Ct. App. Div. August 2, 2023) Helen Paglinawan – the sister of Marie Grompone, an incapacitated person – appealed the trial court’s approval of a consent order and the denial of her motion to intervene in the litigation.  Grompone at *1, 4. Helen instituted a […]

Harry Kuskin 2008 Irrevocable Tr. By Dworkin v. PNC Fin. Grp., Inc., No. A-1937-21, 2023 WL 4693141 (N.J. Super. Ct. App. Div. July 24, 2023) This case focuses mainly on a bank’s immunity under the Uniform Fiduciaries Law (“UFL”).  N.J.S.A. § 3B:14-52 to -61. Plaintiffs were the Harry Kuskin 2018 Irrevocable Trust (“HKIT”) and the […]

Jemison v. Jemison, No. 21-1805, 2022 WL 2383611 (3d Cir. July 1, 2022) William Jemison and Michael Jemison were officers and members of the Board of Directors for Heyco, Inc. (“Heyco”), and co-trustees and beneficiaries to the Jemison Family Trust (“Trust”).  Their brother, Steven Jemison (“Steven”), a former shareholder of Heyco and a co-trustee and […]

Matter of Estate of Clarkin, No. A-1898-21, 2023 WL 3993261 (N.J. Super. App. Div. June 13, 2023) The decedent, Thomas Clarkin, executed his last will, married Geraldine, and post-marriage, executed a power of attorney in Geraldine’s favor.  Matter of Estate of Clarkin at *1. Following Thomas’ marriage to Geraldine and a year prior to Thomas’ […]

Ballingall v. Ballingall, No. A-2494-21, 2023 WL 3698577 (N.J. Super. App. Div. May 30, 2023) This dispute arose among siblings Carol Ballingall (“Carol”), JoAnn Strack (“JoAnn”), and David Ballingall (“David”) over the control of four limited liability companies (“LLCs”).  Carol and JoAnn appealed an Order granting summary judgment for their brother, David.  The Order declared […]

In re Estate of Counselman, Docket No. A-1456-21 (N.J. Super. App. Div. June 28, 2023) This decision focused on whether summary disposition was proper in a will contest rooted in a writing intended as a will. The decedent, Elizabeth Counselman (“Counselman”), left an estate valued at more than $4 million. Plaintiff Carl Oxholm, III (“Oxholm”) […]

In re Laury, Docket No. A-2087-21 (N.J. Super. App. Div. April 25, 2023) This case centered on a claim of undue influence as to a will and the court finding that a presumption of undue influence did not arise. Plaintiff Michael Laury, Sr. (“Michael”) filed an action contending that his son’s last will was the […]