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05.07.2024
Melissa Dibble to Speak at the NJSBA’s Annual Meeting and Convention
Melissa Dibble will speak at the New Jersey State Bar Association’s Annual Meeting and Convention, which will be held from May 15-17 at the Borgata Hotel, Casino & Spa in Atlantic City, NJ. The program information is as follows: Fiduciary Litigation Update When: Wednesday, May 15 from 9:30 AM – 10:45 AM Overview: This segment […]
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04.24.2024
Federal Subject Matter Jurisdiction Not Found by District of New Jersey: Probate Exception Applied
Crane v. Crane, Docket No. 23-cv-01527 (D.N.J. Apr. 1, 2024) The plaintiff, Michael Crane (“Michael”), brought claims in federal court alleging that the defendants — Michael’s sister, Jacqueline Crane (“Jacqueline”) and Michael’s nephew, Joseph Candela (“Joseph”) — unlawfully deprived him of property. He also claimed that Jacqueline breached her fiduciary duties and was negligent for […]
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04.19.2024
Don’t Forget to Label Your Beneficiary Designation Forms with the Correct Account Number: A Cautionary Tale
Quick v. Morgan Stanley, Docket No. A-0443-21 (N.J. Super. App. Div. Jun. 29, 2023) This matter arises from a dispute over the rightful beneficiaries of a Roth IRA held by the decedent. Frederick Quick (“Decedent”) died leaving, in relevant part, a Roth IRA with Morgan Stanley. The Decedent was predeceased by his spouse (“Marie”) and […]
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04.16.2024
Estate Can Sue Ex-Spouse to Recover Retirement Funds
In re Estate of Petronaci, Docket No. A-3842-21 (N.J. Super. App. Div. Jan. 10, 2024) Brian Petronaci (“Decedent”) was married to defendant Laurie Voight (“Laurie”) from 2008 to 2015. Section 9 of the couple’s Marital Settlement Agreement (“MSA”) stipulated that each party waived any interest in the other’s retirement benefits. Section 2.2 of the MSA […]
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