Kianka v. Errickson, No. A-1314-21, 2022 WL 17574240 (N.J. Super. Ct. App. Div. December 12, 2022) This unreported Appellate Division case explores whether a scrivener of a Will owes any duty to a beneficiary of that Will.  Under the circumstances of this case, the Appellate Division found there was no such duty. Jack Kisthardt (“Decedent”) […]

Moynihan v. Lynch, 250 N.J. 60 (March 8, 2022) This New Jersey Supreme Court decision addresses the validity of a palimony agreement. Beginning in 1997, plaintiff Kathleen Moynihan (“Kathleen”) and defendant Edward Lynch (“Edward”) were involved in a long-term romantic relationship.  In 2000, Kathleen and her children moved into to a home in Bordentown, New […]

In re the Estate of Richard Ehrlich, Deceased, No. A-4033-19 (N.J. Super. Ct. App. Div.  March 11, 2022) This appeal is the latest development in the ongoing litigation of the estate of Richard Ehrlich – the seminal (and nationally recognized) case involving a writing intended as a will. The underlying litigation began with the death […]

Victory’s Dawn, Inc., et al., v. Clarence Anicholas Clemons, III, et al., No. 21-9744 (D.N.J. February 17, 2022) This case – out of the District Court of New Jersey – addresses issues as to the intellectual property rights of a decedent which were held in trust.  The intellectual property rights were those of the legendary […]

In re Bierstadt Paintings Charitable Tr., Dated October 6, 1919, A-0529-20, 2021 WL 3057076 (N.J. Super. App. Div. July 20, 2021). In 1919, J. Ackerman Coles (“Coles”), a well-known doctor, art collector, and philanthropist, gifted inter vivos two paintings to the City of Plainfield (“the City”).  The paintings by Albert Bierstadt are held in a […]

Mac Naughton v. Power Law Firm, A-3711-19, 2021 WL 2964324 (N.J. Super. App. Div. July 15, 2021). This case addresses the importance of naming additional parties pursuant to Rule 4:5-1(b)(2) in initial pleadings. Plaintiff W. James Mac Naughton (“Jim”) appealed a May 27, 2020 Order granting summary judgment to defendant Power Law Firm, LLP, Jinhee […]

In re Estate of DeConca, A-1876-18T1, 2020 WL 1492556 (N.J. Super. Ct. App. Div. Mar. 27, 2020). This case highlights the need to ensure that charitable entities are correctly identified in estate planning documents. The co-executors of the estate filed a complaint seeking direction as to which charitable organization was the intended beneficiary of the […]

In re Estate of Biber, A-3970-17T3 (N.J. Super. Ct. App. Div. June 11, 2019). The Appellate Division analyzed issues surrounding the actions of a guardian of an incapacitated adult. Anna Biber had two children: Peter Biber and Sheldon Biber.  Joshua Biber – Anna’s grandson – was the only son of Sheldon.  Peter and Joshua were […]

In re Estate of Tuzzolo, P-104-19, slip op. (N.J. Super. Ct. Ch. Div. June 5, 2019). Plaintiff Susan Bechaw (“Bechaw”) and defendant Francine Cenicola (“Cenicola”) were daughters of the decedent, Philomena Tuzzolo.  When the decedent passed away in December 2008, Cenicola was appointed executrix of the decedent’s estate. Two and a half years after the […]

In re Passarelli Family Trust, 206 A.3d 1188 (PA Super 2019) The Superior Court of Pennsylvania reversed a decree entered in the Orphans’ Court Division of the Court of Common Pleas of Chester County granting the petition of Margaret Passarelli to terminate an irrevocable trust (the “Trust”). Joseph and Margaret Passarelli were married on November […]