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 […]

Edita Applebaum v. William P. Fabian, et al., Civ. No. 18-11023-KM-JSA, 2021 WL 5833454 (D.N.J. December 9, 2021) This case highlights the so-called “probate exception” to federal jurisdiction, in addition to more frequent bars to recovery that practitioners are likely to face in federal and state courts. Decedent Todd Harris Applebaum passed away testate in […]

Estate of Rosalie Jean Ryan, Superior Court of New Jersey, Docket No. A-2806-19 (App. Div. Dec. 1, 2021) This Appellate Division case that covers several common topics that practioners encounter in estate litigation including, but not limited to, discovery deadlines, the doctrine of laches, and statute of limitations. Plaintiffs — the five Kirschling brothers — […]

Case Summary:  Konefal v. Landau, Superior Court of New Jersey, Docket No. A-0024-20 (App. Div. Nov. 4, 2021) This case had initially addressed the award of counsel fees under New Jersey frivolous litigation law, Rule 1:4-8 and N.J.S.A. ¶ 2A:15-59.1.  After a bench trial, the trial judge dismissed plaintiff’s complaint and later awarded fees to […]

In re Estate of Felix Fornaro, No. A-2346-19, 2021 WL 5104820 (N.J. Super. Ct. App. Div. November 3, 2021). This matter came to the Appellate Division a second time, following a 2019 remand to the trial court for application of the criteria relevant to an award of counsel fees.  In re Estate of Felix Fornaro, […]

In re Estate of Tkachuk, A-3578-19, 2021 WL 2711116 (N.J. Super. App. Div. June 30, 2021). Karen Lesso Conover (“Conover”) was the executor and primary beneficiary of the estate of Margaret C. Tkachuk (“Estate”).  The law firm she retained to assist her with the administration of the Estate made a tax allocation error that benefited […]

In re Estate of Grischuk, A-3890-18, 2021 WL 3160466 (N.J. Super. App. Div. July 27, 2021). This appeal encompassed a will contest and a dispute as to counsel fees. The decedent was survived by her sister, defendant Olga Sweeney (“Olga”), her nephew, plaintiff Michael David (“Michael”), and others. With the assistance of her long-time attorney, […]