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 […]

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, […]