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 […]

In the Matter of the Estate of Rudolph Hauke, et. al., No. A-4528-19, 2022 WL 274266 (App. Div. Jan.31, 2022). Gregory and Thomas Hauke filed an action against Paul Hauke involving non-probate assets and change of beneficiary claims.  The parties reached a settlement which they framed into a consent judgment and a mutual general release, […]

Pine Brook Care Center v. D’Alessandro, No:  A-3197-18T1, 2020 WL 6852609 (N.J. Sup. Ct. App. Div. Nov. 23, 2020). In 2014, Michael D’Alessandro was adjudicated incapacitated.  His three daughters, Antoinette, Nancy, and Maryanne, were appointed co-guardians. In 2016, Michael was admitted to Pine Brook Care Center.  The Pine Brook admission package included an Admission Agreement […]

Estate of Dianne Partee v. Jones, No. A-0765-19T1, 2020 WL 6688913 (N.J. Sup. Ct. App. Div. Nov. 13, 2020) Twin sisters Dianne and Dionne owned as tenants in common the Philadelphia home in which they grew up.  On January 19, 2017, Dianne transferred her interest to Dionne, but this deed was not notarized until May […]

The American Bar Association Standing Committee on Ethics and Professional Responsibility (“Committee”) recommends lawyers avoid responding to negative online reviews “because doing so may draw more attention to it and invite further response from an already unhappy critic,” Formal Opinion 496 said. If an attorney feels compelled to respond, however, the Committee reminds the legal community that […]

In re Estate of Forgett, No. A-0443-17T4, 2019 WL 4165062 (N.J. Super. Ct. App. Div. September 3, 2019 Lisa Farina, a creditor of the estate, appealed orders declaring the estate to be insolvent, approving the estate’s final account, and directing distribution of the estate’s assets. Farina argued that (i) her judgment against the estate had […]

In the Matter of Y.M., an Incapacitated Person, No. A-4532-16T4, 2018 WL 2922766 (N.J. Sup. Ct. App. Div. June 8, 2018). In 2015, Y.M. was adjudicated an incapacitated person, and the New Jersey Office of the Public Guardian for Elderly Adults (OPG) was appointed guardian. The record reflected that Y.M. resided at Hudson View, a […]

In the Matter of the Estate of Yoram Koby, Deceased, 2018 WL 1660580 (N.J. Super. Ct. App. Div. April 6, 2018). This is an unpublished Appellate Division opinion arising out of Bergen County. The case involves the standards for reconsideration, frivolous litigation sanctions and the importance of a properly drafted notice of appeal. Yoram Koby […]

In The Matter of The Estate of Irene Halpecka, No. A-5400-15T1 (N.J. Super. Ct. App. Div. Jan. 10, 2018). This is an unpublished Appellate Division opinion arising out of Burlington County. Plaintiffs and Rosemary Walsh (“Rosemary”) were the residuary devisees under the will of Irene Halpecka.  Rosemary was also the executor and Halpecka’s agent under […]

A properly executed Will has two general functions.  First, it allows the testator to set forth a distribution scheme and nominate fiduciaries.  Most clients already know that.  The second function of a properly executed Will is to make the Will amenable to probate in the Surrogate’s Court rather than in the Superior Court.  No matter […]