• 03.30.2017

  Appeallate Division Affirms Finding Of Trustee’s Breach Fiduciary Duty

  Estate of Lerner v. Lerner, No. A-0399-15T4, 2017 N.J. Super. Unpub. LEXIS 804 (N.J. Super. Ct. App. Div. Mar. 30, 2017). Defendant Tisa Lynn Lerner appeals from an August 11, 2015, judgment finding she breached her fiduciary duties as trustee for plaintiff, the Estate of Harry Lerner.  Tisa is one of three daughters of the […]

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  Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
• 03.30.2017

  Melissa Osorio Dibble and Brittney Cafero presented an Update on the new Guardianship Rules in New Jersey

  The presentation took place on March 30, 2017, at Tavistock Country Club in Haddonfield, NJ.  The attendees received an important update from Adam Rosen of the Camden County Surrogate’s Court on changing procedures.

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  Posted in Speaking Events | By Estate & Trust Group
• 03.16.2017

  Appeals Court Found Arbitrator Did Not Exceed His Authority

  In Re Estate of Lederer, No. A-0175-14T1, 2017 N.J. Super. Unpub. LEXIS 665 (N.J. Super. Ct. App. Div. Mar. 16, 2017). This case pertains to an arbitrator’s authority to decide the validity of a Will.  The Appellate Division addressed two appeals that were consolidated.

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  Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
• 03.08.2017

  New Jersey Court Applies The Doctrine Of Forum Non Conveniens

  Travelers Casualty and Surety Company, Inc. v. Skrabonja, et al., 2017 N.J. Super. Unpub. LEXIS 591 (N.J. Super. Ct. Law Div. Mar. 8, 2017). Bronko Grcic was involved in a car accident in the late 1970s that left him paralyzed on the left side of his body, confining him to a wheelchair.  Litigation related to […]

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  Posted in Hot Trends: Developing Case Law | By Estate & Trust Group

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• 02.21.2017

  Appellate Court Finds Financial Institutions Do Not Owe A Legal Duty To Non-Customers

  Wolens v. Morgan Stanley Smith Barney, LLC, 155 A.3d 1 (N.J. Super. Ct. App. Div. Feb. 21, 2017). Plaintiff Kathleen Wolens (“Wolens”) appealed a trial court order granting summary judgment and dismissing her complaint against her deceased mother’s former investment company -- Morgan Stanley Smith Barney, LLC (“Morgan Stanley”) -- and its account manager, co-defendant William Gibson (“Gibson”).  Essentially, Wolens argued that defendants acted negligently and improperly in carrying out a written request to have her mother’s investments changed from accounts solely in her name to joint accounts.

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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
• 02.21.2017

  The Right to Control A Testator’s Funeral

  Old Bridge Funeral Home, LLC v. Pruckowski, et al., No. A-0519-15T2, 2017 N.J. Super. Unpub. LEXIS 397 (N.J. Super. Ct. App. Div. Feb. 21, 2017). This matter pertains to the right to control a testator’s funeral under N.J.S.A. § 45:27-22(a). Marie Pruckowski (“decedent”) passed away in October 2014.  She was survived by her three children:  Paul Pruckowski, Kenneth Pruckowski, and Theresa Mary Donnelly, and her brother, Anthony Castiglione.  In March 2011, decedent executed a will (“the will”) naming her brother as executor.  She directed that all her “just debts and funeral expenses” be fully paid and satisfied.  However, she did not name a funeral agent to address her funeral arrangements.  Moreover, the will made no provision for decedent’s three children.

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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
• 02.09.2017

  Appellate Division Reverses Trial Court’s Ruling and Finds That Grantor Has Standing

  Andrews, et al. v. Frank, et al., No. A-5524-14T3, 2017 N.J. Super. Unpub. LEXIS 346 (N.J. Super. Ct. App. Div. Feb. 9, 2017). Clifford Andrews appealed an order dismissing his claims against fourth-party defendant, Steven Ford.  In 1999, while Clifford and Terry Andrews were married, they created the Andrews Family Legacy Trust (trust), an irrevocable trust, which consisted only of a “second-to-die” life insurance policy with a face value of $10 million.  The policy was purchased with contributions by each party.  Steven Ford was the financial planner and insurance advisor to Clifford and Terry. 

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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
• 01.24.2017

  Executor’s Lack of Cooperation Fell Short of Ordinary Prudence

  In the Matter of the Estate of Grafer, Deceased, No. A-1096-15T3, 2017 N.J. Super. Unpub. LEXIS 159 (N.J. Super. Ct. App. Div. Jan. 24, 2017). Appellant Robert Grafer Jr., the executor of the estate of his late mother, appealed from the Probate Part order denying his motion for attorney fees.

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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
• 01.24.2017

  Practice Tips: Probating a Photocopy

  A properly executed Will has two general functions.  First, it allows the testator to set forth a distribution scheme and nominate fiduciaries.  Most clients already know that.  The second function of a properly executed Will is to make the Will amenable to probate in the Surrogate’s Court rather than in the Superior Court.  No matter how much thought goes into the distribution scheme and the fiduciary nominations, if the original Will is lost the second function is also lost.

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Posted in Original Pieces: Recent Publications From Our Litigators | By Donald P. Craig
• 01.24.2017

  Ethical Implications of Accessing Metadata

  Estate of Kennedy, et al. v. Rosenblatt, et al., 2016 N.J. Super. LEXIS 140 (App. Div. Nov. 4, 2016). This Essex County matter addressed a conflict-of-interest issue involving attorneys who switched law firms and the electronic file that remained. In October 2013, plaintiffs Estate of Francis P. Kennedy and eight related trusts initiated a professional negligence action against defendants.  Riker, Danzig, Scherer, Hyland & Perretti, LLP (“Riker”) served as defense counsel and prepared an “Initial Case Analysis” (“the Analysis”), which was placed both in Riker’s paper file and its electronic document management system.  The Analysis was a detailed case assessment and strategy memorandum which was sent to the client.

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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group