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, […]

Estate of Sandor v. Lugowe, No. BER-C-54-21, 2021 WL 3162993 (N.J. Super. Ch. Div., Bergen Cty. July 12, 2021). The decedent died on January 20, 2018, and the court appointed an administrator pendente lite of the estate (the “Administrator”).  The Administrator filed an action to set aside inter vivos gifts made by Decedent’s grand-nephew, Anthony […]

The IRS recently announced that victims of Hurricane Ida in some parts of New Jersey and New York now have until January 3, 2022 to file various individual and business tax returns and to make tax payments. The IRS is providing relief to any area designated by the Federal Emergency Management Agency (FEMA) as qualifying […]

Schindel v.  Feitlen, A-2888-19, 2021 WL 2391583 (N.J. Super. App. Div. June 11, 2021). Before his death in November 2016, the decedent, Arnold, executed three wills.  In the first will, executed in July 2014, Arnold gave the bulk of his estate to his son, David (the petitioner), and made specific bequests to his friend, Hindy.  […]

In re Gloria T.  Mann Revocable Tr., A-2663-19, 2021 WL 2212701 (N.J. Super. App. Div. June 2, 2021). Gloria Mann (“Gloria”) died on August 10, 2017.  Her children, plaintiff David Mann (“David”) and defendant Doree Gottlieb (“Doree”), were the primary beneficiaries and successor co-trustees of the Gloria T.  Mann Revocable Trust (“Trust”). A few months […]