Author: Donald P. Craig
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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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08.27.2018
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 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 […]
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05.08.2018
Appellate Division Affirmed Frivolous Litigation Sanctions
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 This is an unpublished Appellate Division opinion arising out of Bergen County.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 […]
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03.13.2018
NJ Appellate Division Upholds Award of Counsel Fees Under the Niles Exception
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 This is an unpublished Appellate Division opinion arising out of Burlington County.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 […]
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01.24.2017
Practice Tips: Probating a Photocopy
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 […]
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