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09.13.2023
Statute of Limitations Not Stayed When Decedent Had Constructive Notice of Transfers
McFadden v. Pentagon Federal Credit Union, No. A-3538-20, 2023 WL 4777219 (N.J. Super. Ct. App. Div. July 27, 2023) This case illustrates how parties must stay wary of the applicable statute of limitations. McFadden at *1. The appellant, Joseph – nephew of the decedent, Joan McFadden (the “decedent”) – appealed an order granting Morgan Stanley […]
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09.04.2023
Plenary Hearing Denied When No Issue of Material Fact
In re Grompone, No. A-0563-22, 2023 WL 4926145 (N.J. Super. Ct. App. Div. August 2, 2023) Helen Paglinawan – the sister of Marie Grompone, an incapacitated person – appealed the trial court’s approval of a consent order and the denial of her motion to intervene in the litigation. Grompone at *1, 4. Helen instituted a […]
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08.25.2023
PNC Not Bound By Fiduciary Duties to Trust Beneficiaries
Harry Kuskin 2008 Irrevocable Tr. By Dworkin v. PNC Fin. Grp., Inc., No. A-1937-21, 2023 WL 4693141 (N.J. Super. Ct. App. Div. July 24, 2023) This case focuses mainly on a bank’s immunity under the Uniform Fiduciaries Law (“UFL”). N.J.S.A. § 3B:14-52 to -61. Plaintiffs were the Harry Kuskin 2018 Irrevocable Trust (“HKIT”) and the […]
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08.18.2023
All in the Family: Brother’s Suit Claiming Breach of Fiduciary Duties and Unjust Enrichment Fails
Jemison v. Jemison, No. 21-1805, 2022 WL 2383611 (3d Cir. July 1, 2022) William Jemison and Michael Jemison were officers and members of the Board of Directors for Heyco, Inc. (“Heyco”), and co-trustees and beneficiaries to the Jemison Family Trust (“Trust”). Their brother, Steven Jemison (“Steven”), a former shareholder of Heyco and a co-trustee and […]
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