Author: Donald P. Craig
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01.12.2026
Appellate Division Reiterates the Standard for Sanctions for Frivolous Litigation
In the Matter of the Estate of Elise Morenon, No. A-0098-24, 2025 WL 3623723 (N.J. Super. Ct. App. Div. Dec. 15, 2025) In 2013 Elise Morenon (“Testator”) retained an attorney (the “Attorney”) for estate planning. Testator identified her family, her assets and how she wanted those assets to be distributed. Testator told The Attorney she […]
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01.05.2026
Appellate Division Found the Trial Court Effectively Disinherited Defendant By Approving the Settlement Agreement
In re Estate of Sandor, No. A-0936-23, 2025 WL 3640043(N.J. Super. App. Div. Dec. 16, 2025) Ralph Sandor died in 2019. Sandor’s nephew, Anthony Russo, Sr., died after Sandor. Defendant Lottie Russo is the spouse of Russo, Sr. Anthony Russo, Jr. (Russo, Jr.) served as Sandor’s agent pursuant to a power of attorney. Lottie and […]
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01.01.2025
RPC 3.7 Prevents Attorney from Acting as Counsel at a Trial or Pretrial Evidentiary Hearing When the Attorney is Likely a Necessary Witness at the Trial or Hearing
Fountain Plaza, LLC, v. Petrock’s Liquors, Inc., No. A-1522-23, 2024 WL 4822646 (N.J. Super. App. Div. Nov. 19, 2024) The Chancery Division, relying on R. 1:21-1(c) and RPC 3.7, granted defendant’s motion to disqualify plaintiff’s attorney. Plaintiff was granted leave to file an interlocutory appeal, and the Appellate Division reversed. Plaintiff Fountain Plaza is an […]
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08.09.2024
Abuse of Discretion Not Found in Calculation of Trustee’s Commissions for Part of a Year
In the Matter of the Davi H. Kato Special Needs Trust, Dated December 11, 2018, No. A-0414-22, 2024 WL 762247 (N.J. Super. Ct. App. Div. February 26, 2024) Fabio and Maria Kato (the “Katos”) were natives of Brazil. While visiting New Jersey in 2015, they had a son, Davi, who was born with cerebral palsy. […]
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03.11.2024
Limitations Defined to Exception to “American Rule”: Fee Shifting in Guardianship Actions
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 […]
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04.13.2022
Appellate Division Reviews Whether a Release Bars Imposition of Sanctions on Executors
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, […]
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02.22.2021
Appellate Division Reverses Summary Judgment and Allows Question of Third Party Liability For Nursing Home Payments To Proceed
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 […]
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02.22.2021
Appellate Division Affirms Judgment in Favor of NJ Estate But Says Court Lacks Jurisdiction To Void Deed to Pennsylvania Property
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 […]
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02.22.2021
ABA Issues New Guidance For Responses To Online Criticism
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 […]
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12.18.2019
Estate Creditor’s Lien Inferior to IRS Claim
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 […]
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