Author: Brittney Cafero
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07.12.2019
When a Refunding Bond is Required
In the Matter of the Estate of Dorothy Dreher, No. A-4800-17T3, 2019 WL 1512720 (N.J. Super. Ct. App. Div. April 8, 2019). Dorothy Dreher had two children, David and Rebecca. David was the executor. Rebecca filed a verified complaint to vacate the probate judgment on grounds of undue influence and lack of capacity. After four […]
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04.10.2019
NJ Appellate Division Determined Executor Was Permitted to Represent Estate at Oral Argument
In the Matter of the Estate of Paruta, No. A-3456-17T2, 2019 WL 92244 (N.J. Super. Ct. App. Div. Jan. 3, 2019). The testator died with no immediate family and a will that left bequests to charities and individuals, including the defendant bank employee. The bank’s Code of Conduct and Ethics prohibited employees from accepting bequests […]
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01.23.2019
Legal Malpractice Claim Against Scrivener
Mecca v. Levine, No. A-0548-17T3, 2018 WL 6711343 (N.J. Super. Ct. App. Div. Dec. 21, 2018). This legal malpractice action arose out of the drafting of a will. The Appellate Division addressed whether a ruling in a prior litigation that established the testator’s intent estopped any claim that the defendant attorney breached his duty in […]
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01.23.2019
Whether A Transfer Made Within 3 Years of Death Triggers New Jersey Transfer Inheritance Tax
Estate of Chernowitz v. Dir., Div. of Tax’n, No. 004863-2017, 2018 WL 6173591 (N.J. Tax Court Nov. 16, 2018). The New Jersey Tax Court addressed whether the decedent’s $5.1 million transfer was in contemplation of her death, such that it triggered New Jersey transfer inheritance tax due pursuant to N.J.S.A. § 54:34-1. In 2012, at […]
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09.05.2018
In the Matter of the Estate of Edward Wlodarczyk, No. A-0258-16T4, 2018 WL 3431779 (N.J. Super. Ct. App. Div. July 17, 2018)
In the Matter of the Estate of Edward Wlodarczyk, No. A-0258-16T4, 2018 WL 3431779 (N.J. Super. Ct. App. Div. July 17, 2018). Plaintiff Anna Wlodarczyk (“Anna”) appealed from an order granting a motion by Trinity Evangelical Lutheran Church (“Trinity Church”) for involuntary dismissal at the close of Anna’s case. The Attorney General of New Jersey, […]
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03.13.2018
Mother of Vegas Shooter Releases Estate Assets to Victims and District Judge Appoints Special Administrator To Tally Estate
On March 1, 2018, a district court judge appointed an experienced accountant to tally the assets of the estate of Stephen Paddock, the gunman of the Las Vegas mass shooting. Paddock’s mother became his sole heir by default, since he had no will, was not married and had no children. At the mother’s request, Paddock’s […]
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02.05.2018
NJ Appellate Division Vacated Award of Counsel Fees
In the Matter of the Estate of Helen Hauke, 2018 WL 580259, No. A-4103-15T3 (N.J. App. Div. Jan. 29, 2018).
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02.05.2018
NJ Appeals Court Acknowledged Plaintiff’s Cognizable Palimony Claim, Yet Found Plaintiff Failed to Timely Appeal
Terranova v. Estate of Stuart Paer, et al., 2017 WL 5507957, No. A-4221-15T4 (N.J. App. Div. Nov. 17, 2017).
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02.05.2018
NJ Appellate Division Held Appellants Should Not Be Deprived of Their Day in Court
In the Matter of Mildred Suesser, deceased, 2017 WL 5898961, No. A-0098-16T2 (N.J. App. Div. Nov. 29, 2017).
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12.21.2017
NJ Appellate Court Affirms Decedent’s Capability of Executing An Enforceable Will, Despite Having Mild Dementia
In the Matter of the Estate of Alfred Finocchiaro, Sr., WL 5898592, No. A-4532-14T1 (N.J. Super. Ct. App. Div. Nov. 30, 2017). This matter was on appeal from the Superior Court of New Jersey, Chancery Division, Probate Part, Morris County. Judge Fuentes, Presiding Judge of the Appellate Division, wrote the opinion.
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