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03.20.2024
Tax Court Finds Self-Dealing Where Power of Attorney Withdrew IRA Funds For Her Own Benefit
Balint v. Commissioner of Internal Revenue, T.C. Memo. 2023-118 (2023) Petitioner Joseph Michael Balint (“Petitioner”) brought suit against the IRS, for a tax assessment related to withdrawals made from his IRA and his life insurance by his spouse, Jacqueline Grimes Balint (“Jacqueline”), acting as his agent under a power of attorney. During the 2014 tax […]
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03.18.2024
Claims of Oral Will Rejected
In re Estate of Wasowicz, 2023 WL 8069402, No. A-3620-21 (N.J. Super. App. Div. Nov. 21, 2023) This case focused on whether an oral agreement made in 1987, 35 years prior to death, is akin to a Will or, in the alternative, can be an enforceable oral contract in New Jersey. From 1971 to 1987 […]
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03.11.2024
Limitations Defined to Exception to “American Rule”: Fee Shifting in Guardianship Actions
In the Matter of A.D., 477 N.J. Super. 288 (App. Div. 2023) This published opinion defines limitations to the exception to the American Rule against fee shifting in guardianship actions. The case was initiated by the Sussex County Office of Adult Protective Services (“APS”). The court appointed Stephen Kossup as counsel and Brian Lundquist as […]
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03.07.2024
Fee Shifting Order Violated “American Rule”
Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023) This case addressed fee shifting and the application of the American Rule in estate litigation. In particular, the parties were seeking reconsideration of the trial court’s order which shifted to them the obligation to pay their adversaries’ […]
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Featured Contributor
Steven K. Mignogna
Steven K. Mignogna, Esquire, is a shareholder in the Litigation Department of Archer & Greiner, A Professional Corporation. He specializes in commercial litigation, with a concentration on litigation involving probate matters, estates, trusts, gifts, fiduciaries, guardianships, and real estate. He is also Chair of the firm’s Estate and Trust Litigation Group.