Author: Archer & Greiner, P.C.
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06.18.2024
Steve Mignogna to Present at the ACTEC 2024 Summer Meeting
Archer Attorney Steven K. Mignogna will present to the American College of Trust and Estate Council’s Trust Fiduciary Administration Committee on Friday, June 21 at the 2024 Summer Meeting in Toronto, Canada. His presentation will address how fiduciaries deal with lost or missing records. To learn more about the Summer Meeting, click here.
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05.12.2024
Trusts, Estate Planning, and Divorce: How and Why to Consider Divorce in Estate Planning
Attorneys Steven K. Mignogna and Eimi S. Figlio will be among the speakers presenting the seminar, “Trusts, Estate Planning, and Divorce: How and Why to Consider Divorce in Estate Planning” to members of the Greater New Jersey Estate Planning Council. Presenters for this online event will be discussing various cases, recent developments, and why and how to consider divorce […]
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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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04.09.2024
Federal Regulations Preempt Inconsistent State Law
In re Jones, Docket No. A-2944-21 (N.J. Super. App. Div. Nov., 14, 2023) Michael Jones (“Decedent”) was married to Jeanine Jones (“Jeanine”) in 1990. The couple divorced in January 2018. The Decedent and Jeanine’s Divorce Settlement Agreement (“DSA”) stipulated, in relevant part, that any retirement and bank accounts would be retained by the party in […]
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04.03.2024
Pennsylvania Amends Guardianship Statute
On December 14, 2023, Pennsylvania amended certain sections of its guardianship statutes, effective June 11, 2024. Act of Dec. 14, 2023, P.L. 446, No. 61, Cl. 20. Among the changes is the addition of a requirement that counsel for the alleged incapacitated person be appointed by the court in all matters in which counsel has […]
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04.01.2024
Doctrine of Laches Properly Applied Where Verified Complaint filed Over a Decade After Decedent’s Death
In re Estate of Dornic, Docket No. 2414-21 (N.J. Super. App. Div. Feb. 27, 2024) This case concerns a complaint that was dismissed under the doctrine of laches. The Appellate Division affirmed. Olga Dornic (“Decedent”) died intestate on February 3, 2008. The Decedent was never married, had no children, and left no living parents, siblings, […]
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03.29.2024
New Jersey Statutes Closing “Black Hole” of Litigation to be Applied Retroactively
Roik v. Roik, Docket No. A-2522-21 (N.J. Super. App. Div. Nov. 27, 2023) In August 2020, plaintiff Paul Roik (“Paul”) filed for divorce from defendant Anita Roik (“Anita”), his spouse of 46 years. The couple had three children together, all of whom are adults. In 2013, long before filing for divorce, Paul had executed a […]
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