Estate & Trust Litigation Law Blog

Tara Hagopian Zane

Tara’s estate planning services include lifetime and end-of-life planning and related document preparation such as Wills, Trusts, Powers of Attorney, and Advance Directives, as well as lifetime giving, charitable planning, and business succession matters.

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04.18.2017
Plaintiff Fails To Establish An Inter Vivos Gift and Award of Counsel Fees Reversed

McDermott-Guber v. Estate of McDermott, 2017 N.J. Super. Unpub. LEXIS 1240, Docket No. A-1210-15T3 (N.J. Sup. Ct. App. Div. May 19, 2017). This is an unpublished Appellate Division decision arising out of Morris County, New Jersey. This case pertains to whether plaintiff adduced sufficient evidence to establish a valid inter vivos gift. Here, a vacant […]
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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
04.12.2017
Steven Mignogna Appointed to Joint ACTEC/NCPJ Task Force

The American College of Trust and Estate Counsel (ACTEC) recently appointed Steven K. Mignogna, a Partner in the firm’s Haddonfield office, to its Joint ACTEC/NCPJ Task Force. The task force is a joint initiative between ACTEC and the National College of Probate Judges (NCPJ), and was created to coordinate projects between ACTEC and the NCPJ. […]
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Posted in Headline Highlights: Estate & Trust Law In the News | By Estate & Trust Group
04.10.2017
Fraud Must Be Pleaded With Specificity

Epstein v. Epstein, 2017 N.J. Super. Unpub. LEXIS 1165, No. A-1558-15T3 (N.J. Super. Ct. App. Div. May 15, 2017). This case is an unpublished Appellate Division decision arising out of Ocean County, New Jersey. Plaintiff Neal Epstein (“Neal”) appealed the trial court’s order dismissing his Complaint against Barbara Epstein (“Barbara”). Neal’s Complaint alleged that as […]
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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group
04.03.2017
5th Annual Estate Litigation Seminar

Join us for a complimentary breakfast and panels that include top estate practitioners from Archer & Greiner, as well as other experts from outside the firm.
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Posted in Speaking Events | By Estate & Trust Group

03.31.2017
Charitable Bequests: How To Make Them Last

No one likes talking about death. No one likes thinking about death. However, planning for your death -- an inevitable event for all of us -- can be one of the simplest ways to control the disposition of your assets after you pass. A good estate plan can also work to reduce taxes due at the time of death, while also allowing you to make meaningful charitable contributions.
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Posted in Original Pieces: Recent Publications From Our Litigators | By Melissa Osorio Dibble

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 late Harry Lerner (“decedent”), who died in 2012. Phyllis Kornblatt, defendant’s sister, initiated the underlying complaint on behalf of the estate beneficiaries. Namely, Phyllis alleged that Tisa breached her fiduciary duty as trustee of the Harry Lerner Revocable Trust (“Trust”). Phyllis sought Tisa’s removal as trustee, requested a complete accounting, and sought repayment of any improper distributions Tisa made to herself.
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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 Bronko’s accident was settled, and a conservatorship was established in the New York Supreme Court, Queens County, with the proceeds from the settlement. In the 1990s, Bronko and his mother moved to New Jersey and began the process of establishing a guardianship for Bronko in New Jersey.
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Posted in Hot Trends: Developing Case Law | By Estate & Trust Group

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

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Tara Hagopian Zane

Plaintiff Fails To Establish An Inter Vivos Gift and Award of Counsel Fees Reversed

Steven Mignogna Appointed to Joint ACTEC/NCPJ Task Force

Fraud Must Be Pleaded With Specificity

5th Annual Estate Litigation Seminar

Charitable Bequests: How To Make Them Last

Appeallate Division Affirms Finding Of Trustee’s Breach Fiduciary Duty

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

Appeals Court Found Arbitrator Did Not Exceed His Authority

New Jersey Court Applies The Doctrine Of Forum Non Conveniens

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