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 […]

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 […]