Freedman v. Freedman, 2023 WL 105211 (N.J. Super. App. Div. January 5, 2023) This “sad case” from the Family Part involved a burial dispute between parents over their adult son’s cremation remains and personal property.  The court decided that a plenary hearing was not necessary to resolve the dispute, and adopted a procedure for trial […]

Crane v. Crane, Docket No. A-3174-20 (N.J. Super. App. Div. Dec. 29, 2022) This case involved the determination of a decedent’s intentions with respect to her burial location and the disposition of her remains.  The Appellate Division affirmed the earlier decision of the trial court following a trial that featured testimony from nine witnesses. Decedent […]

In re Estate of Joel Perkel, No. A-0283-20, 2022 WL 17660550 (N.J. Super. Ct. App. Div. December 14, 2022) The plaintiffs, Jane Perkel (“Jane”) and Robert Perkel (“Robert”), were siblings and the children of the decedent, Joel Perkel.  Jane and Robert appealed from a judgment dismissing their complaint to challenge their father’s will and seek […]

C.L. v. Division of Medical Assistance and Health Services and Bergen County Board of Social Services, 473 N.J. Super. 591 (App. Div. 2022) C.L. appealed from the denial of her request for Medicaid benefits by the Division of Medical Assistance and Health Services (“DMAHS”).  C.L. had previously purchased an annuity contract with the Croatian Fraternal […]

In the Matter of the Estate of E.L., A-1906-20 (App. Div. November 21, 2022) This matter concerns an appeal of professional fees awarded in connection with the guardianship and estate of E.L. (Emma). Prior to Emma’s death, she was declared incapacitated and an attorney (“GAL”) was appointed to serve as Emma’s guardian ad litem.  Another […]

In re Arno Mayer, Docket No. A-0904-21 (N.J. Super. App. Div. November 4, 2022) Plaintiff Daniel Mayer (“Daniel”) and his brother, defendant Carl Mayer (“Carl”), were named attorneys-in-fact for their father, Arno Mayer (“Arno”).  Daniel filed a complaint against Carl, alleging that Carl took financial advantage of Arno, and that Carl should be removed as […]

Elena Eckhouse v. Anita Taormina, 202 A.D.3d 669 (N.Y. App. Div. 2022) This action was brought in an effort to revoke letters testamentary and letters of trusteeship from Anita Taormina (“Taormina”).  Upon their father’s death in 2008, Taormina and her sister, Elena Eckhouse (“Eckhouse”), were appointed as co-executors of his estate, as well as co-trustees […]

In Re: Trust B under Agreement of Richard H. Wells dated September 28, 1956, No. J-A18026-22, 2022 PA Super 154 (Pa. Super. Sept. 7, 2022) In a case of first impression, the Pennsylvania Superior Court held that the payment of reasonable trustee’s commissions did not constitute a sufficient basis for termination of a trust under […]

In the Matter of A.V.B., an Alleged Incapacitated Person, No. A-2863-20 (N.J. Super. Ct. App. Div. October 6, 2022) This case was commenced by W.B. (Wayne) as a conservatorship action on behalf of his mother, A.V.B. (Angie).  V.B.D. (Vera), Angie’s daughter, filed an answer but did not raise any affirmative defenses. The trial court appointed […]

Andrews v. Holloway, No. 95-1047, 2022 WL 6816758 (D.N.J. Oct. 11, 2022) This case deals with subject matter jurisdiction regarding an estate matter in federal court. The court referred to the long and circuitous history of the case, with the need for court intervention on numerous occasions.  The current application sought direction as to $12,000 […]