Author: Kelly M. Barry
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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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04.01.2024
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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03.26.2024
Will Contest Based on Decedent’s Ability to Speak English Rejected
In re Estate of Bardizbanian, Docket No. A-3370-21 (N.J. Super. App. Div. Mar. 5, 2024) Siran Bardizbanian (“Decedent”) died on March 9, 2021. Decedent’s daughter, Maggie, sought to reject Decedent’s November 6, 2000 will (“2000 Will”), which disinherited her. Decedent’s son, Gary, was a proponent of the 2000 Will, of which he was the named […]
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11.28.2023
Pennsylvania Superior Court Denies Will Executed Virtually During COVID-19 Pandemic
In re Estate of Susan L. Kittler, No. J-A20028-23, 2023 PA Super 180 (Pa. Super. Sept. 25, 2023) This case focuses on a will that was prepared and executed during the peak of the COVID-19 pandemic. The Lancaster County Register of Wills denied the will for probate, determining that the document was not executed properly […]
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10.12.2023
The “Big Man’s” Trust Dispute
The famed saxophonist of Bruce Springsteen’s E Street Band died in 2011 from a stroke. Clemons, oftentimes called the “Big Man”, established a trust to control his assets when he died. Specifically, the trust required that the rights to his name and likeness be managed by the trust until his youngest son, Jarod, reached age […]
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09.29.2023
Former Zappos CEO Died Intestate (Celebrity Estate Plans: Part 10)
At only 46 years old, Zappos founder Tony Hsieh tragically died in a house fire in November 2020. He did not execute a Will before he died, which led to an ongoing battle between his family and business colleagues. Specifically, Hseih’s father, Richard, and brother, Andrew, alleged that friends and business associates took advantage of […]
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