PA Supreme Court Finds It Unlawful To Modify A Trust To Add A Portability Provision

Trust Under Agreement of Edward Winslow Taylor, 2017 Pa. LEXIS 1692 (July 19, 2017), petition denied 2016 Phila. Ct. Com. Pl. LEXIS (Pa. CP. Oct. 2016), affirmed 2017 Pa. Super. 275 (Pa. Super. Ct., Aug. 23, 2017).

Steven Mignogna a Featured Speaker at ACTEC Mid-Atlantic Region Annual Meeting

NJ Court Permits Service of Process Through Facebook

In K.A. v. J.L., 450 N.J. Super. 247 (Ch. Div. 2016), the New Jersey Superior Court held that service of process through the social media platform Facebook was permissible after service through certified mail was ineffective.  The adoptive parents instituted this action to enjoin the biological father from holding himself out as the father of their son, Z.A., and to compel the biological father to remove information pertaining to Z.A. that he has allegedly published online. Id. at 250.

Christie Signs Digital Fiduciary Act

On September 13, 2017, Governor Chris Christie signed legislation recognizing a fiduciary heir’s right to obtain control of a decedent’s digital assets.  The “Uniform Fiduciary Access to Digital Assets Act” authorizes an executor, agent, guardian, or trustee, under certain circumstances, to manage electronic records of decedent, principal, incapacitated person, or trust creator.

NJ District Court Finds Defendants Lacked Good Cause to Amend Answer Pursuant to Fed. R. Civ. P. 16

Callas v. Callas, 2017 U.S. Dist. LEXIS 127547 (D.N.J. Aug. 11, 2017). Plaintiff William Dean Callas (“William”) brought an action against his siblings, the executors of his mother’s estate, to settle a dispute over the value of their mother’s ownership in a real estate holding company in which he held a 60% interest. The Operating Agreement included a provision which stated that “on the passing of a member, the personal representative(s) of the deceased member may give notice requiring the other member to purchase the deceased member’s interest in [the LLC].” Id. at *2. 

NJ Appellate Division Addresses The Nature Of Distributions From An Estate