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05.01.2026
Arbitration Clauses in Wills are Unenforceable
In re Hekemian, Docket No. A-3001-24 2026 WL 1073030 (N.J. Super. App. Div. April 21, 2026) This decision is an update of In re Hekemian, Docket No. A-1774-21, 2023 WL 176098 (N.J. Super. App. Div. Jan. 13, 2023), dealing with the enforceability of arbitration provisions in testamentary instruments. In that earlier decision, the Appellate Division […]
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04.15.2026
Appellate Division Allows Filing of Medicaid Lien Against Property Held by Spouses as Tenants-By-The-Entireties
Mary D. Forest v. Division of Medical Assistance and Health Services, Docket No. A-1344-2, 2026 WL 772366(N.J. Super. App. Div. March 19, 2026) The plaintiffs were the beneficiaries under the will of Clerveaux Benoit (“Decedent”). They sought to invalidate a lien by Division of Medical Assistance and Health Services (“DMAHS”). The lien had been placed […]
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04.09.2026
Trial Court Addresses Individual’s Standing to Contest a Will
In re Estate of Foster, MON-P-422-24 (N.J. Super. Ct. Ch. Div. March 2, 2026) Lois Foster (“Decedent”) died on August 11, 2022, after purportedly executing a last will in June 2022 (the “Will”) which favored her granddaughter, Lisa Walker (“Lisa”), and disinherited the Decedent’s daughter, Rose Phelps (“Rose”), and three other grandchildren. The Will was […]
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04.02.2026
Trial Court Clarifies Witness Role in the Execution of a Last Will and Testament
In re Estate of Berryman, MON-P-410-24 (N.J. Super. Ct. Ch. Div. March 9, 2026) This will contest addressed the role of the witness to the will. The defendants moved for summary judgment declaring the decedent’s will invalid since it was not properly witnessed. The will was witnessed by two individuals, including an attorney, with a […]
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