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 […]

Victory’s Dawn, Inc., et al., v. Clarence Anicholas Clemons, III, et al., No. 21-9744 (D.N.J. February 17, 2022) This case – out of the District Court of New Jersey – addresses issues as to the intellectual property rights of a decedent which were held in trust.  The intellectual property rights were those of the legendary […]

In the Matter of the Estate of Rudolph Hauke, et. al., No. A-4528-19, 2022 WL 274266 (App. Div. Jan.31, 2022). Gregory and Thomas Hauke filed an action against Paul Hauke involving non-probate assets and change of beneficiary claims.  The parties reached a settlement which they framed into a consent judgment and a mutual general release, […]

In re Estate of Samuel P. Hekemian, No. P-47921, 2021 WL 6884165, (N.J. Super. Ch. February 7, 2022) Decided: February 7, 2022; Superior Court of New Jersey, Bergen County The decedent, Samuel P. Hekemian (“Decedent”), was survived by his wife and their four sons, including the plaintiff and one of the defendants.  The Decedent left […]

Kesselman v. Kesselman, No. A-3620-19 (App. Div. March 2, 2022) The issue on appeal was whether issue preclusion under res judicata and collateral estoppel were applicable to the plaintiff’s complaint. In its analysis, the Appellate Division discussed the applicability of the Constitution’s full faith and credit clause, and then thoroughly addressed the respective interpretations of […]