In the Matter of the Estate of Alfred Iapalucci, No. A-3670-20 (N.J. Super. Ct. App. Div. Oct. 5, 2022) The decedent died in 2020.  In 2012, he executed a will (“Will”), healthcare power of attorney, and general power of attorney.  He left the meeting with original powers of attorney, the sole original Will, as well […]

In the Matter of the Estate of Warren A. Theckston, Docket No. A-3111-20 (N.J. Ct. App. Div. September 26, 2022) Warren A. Theckston (“Warren”) died intestate on November 26, 2019.  Warren was survived by his four children, James, Jacqueline, Dorothy, and Theresa.  James was estranged from his father for approximately fifteen (15) years at the […]

In the Matter of the Estate of Joseph Krivulka, Deceased, Nos. A-0863-20 & A-0803-21 (N.J. Super. Ct. App. Div. Aug. 26, 2022) This consolidated appeal centered on Rule of Professional Conduct (RPC) 1.9 and whether a former client gave informed written consent to a law firm’s representation of the client’s co-fiduciary as part of an […]

In the Matter of the Estate of Wicker W. Doornbosch, Docket No. A-3225-19 (N.J. Super. Ct. App. Div. Aug. 19, 2022) This appeal arose out of probate litigation over the estate of Wicker W. Doornbosch, who died in 2016. The parties reached a settlement in open court. Counsel for appellant Farash put the terms on […]

Puglia v. Phillips, Docket No. A-5367-18 (N.J. Super. Ct. App. Div. August 15, 2022) This matter involves a mix of estate, property and procedural issues, including offers of judgment. The decedent’s children were the beneficiaries of her estate (“Estate”). A lengthy, acrimonious dispute arose regarding the Estate’s primary asset, a sixty-seven-acre farm (the Property).  In […]

Chandler v. Kasper, A-2143-20 (App. Div. June 14, 2022) In Chandler v. Kasper, Docket No. A-2143-20 (App. Div. October 7, 2021), the Appellate Division dismissed a plaintiff’s cause of action under the Survivor’s Act (N.J.S.A. 2A:15-3), finding that the plaintiff (the decedent’s daughter) did not have standing to file a lawsuit under the Survivor’s Act […]

In Re: Trust Established under Agreement of Sarah Mellon Scaife, Deceased dated May 9, 1963, No. J-A06008-22, 2022 WL 1617129, (Pa. Super. May 23, 2022) In the context of litigation regarding objections to a trustees’ account, the estate of a deceased beneficiary sought production of unredacted versions of previously produced documents on the basis of […]

Testa v. State, A-0693-20 (App. Div. April 20, 2022) Relying on the Uniform Unclaimed Property Act (“UUPA”), N.J.S.A. §§ 46:30B-1 to -109, plaintiff alleged he was entitled to monies that had escheated from his deceased parents’ estates to the New Jersey Unclaimed Property Administration. At the trial level, plaintiff’s complaint was dismissed under Rule 4:6-2(e), […]

In the Matter of the Irrevocable Trust of John L. Marchisotto, Deceased, Docket No. A-3453-19 (N.J. Super. Ct. App. Div. April 21, 2022) Although courts are often patient with pro se litigants, this appeal serves as a reminder that the rules of civil procedure apply to all litigants and failing to comply with them can […]

Moynihan v. Lynch, 250 N.J. 60 (March 8, 2022) This New Jersey Supreme Court decision addresses the validity of a palimony agreement. Beginning in 1997, plaintiff Kathleen Moynihan (“Kathleen”) and defendant Edward Lynch (“Edward”) were involved in a long-term romantic relationship.  In 2000, Kathleen and her children moved into to a home in Bordentown, New […]