Author: Melissa Osorio Dibble
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01.10.2018
NJ Appellate Division Addresses the Interplay of Family and Intestacy Law
In the Matter of the Estate of Louis M. Acerra, 2017 N.J. Super. No. A-1955-15T1, 2017 WL 6048117 (N.J. Super. Ct. App. Div. Dec. 7, 2017). This unpublished Appellate Division case is an example of the intersection between family law and estate law. In particular, this matter involves litigation regarding the administration of an intestate […]
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12.21.2017
California Court of Appeals Weighs In On Attorney-Client Privilege of Trustees
Fiduciary Tr. Internat. of Cal. v. Klein, 9 Cal. App. 5th 1184, 216 Cal. Rptr. 3d 61 (Cal. Ct. App. Mar. 21, 2017). This case out of California deals with the cutting edge issue regarding the attorney-client privilege as it applies to trustees. The facts of this case center around the Mark Hughes Family Trust […]
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11.28.2017
NJ Appellate Division Modified Surcharges Imposed By Trial Court
In the Matter of the Estate of Mary Jane Lynch, Deceased, 2017 N.J. Super. Unpub. LEXIS 2793, A-5617-14T2 (N.J. Super. Ct. App. Div. Nov. 8, 2017). This case covers a multitude of issues involving the appeal of several trial court Orders. This summary will address only some of the novel and noteworthy issues covered in […]
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10.12.2017
Draft Text Message Accepted As Dead Man’s Will By Australian Court
New Jersey courts have adopted the doctrine of writings intended as wills, admitting to probate non-traditional Wills like DVDs and post-it notes. Throughout the country there is a movement away from strict compliance to will formalities. A recent decision out of Australia, illustrates this shift taking place throughout the world. The Supreme Court of Queensland […]
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08.04.2017
Melissa Osorio Dibble Appointed Vice-Chair of ABA Committee
Melissa Osorio Dibble, an Associate and member of the firm’s Litigation Department, was recently appointed Vice-Chair of the Probate & Fiduciary Litigation Committee of the American Bar Association’s (ABA) Real Property, Trust and Estate Law Section. Her one-year term will start on September 1.
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03.31.2017
Charitable Bequests: How To Make Them Last
No one likes talking about death. No one likes thinking about death. However, planning for your death — an inevitable event for all of us — can be one of the simplest ways to control the disposition of your assets after you pass. A good estate plan can also work to reduce taxes due […]
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12.08.2016
Comparison of New Jersey and Pennsylvania: A Trustee’s Duty to Report and Inform
A trustee’s duty to inform and report as delineated in the Pennsylvania Uniform Trust Act (20 Pa. C.S. §§7701- 7799.3) is substantially different from the New Jersey Uniform Trust Code (N.J.S.A. §3B:31-1-84). Most notably, the New Jersey Uniform Trust Code does not have the same requirements to notify beneficiaries of their interest in a trust.
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03.21.2016
Recent Developments in Trust Law: New Jersey Enacts the Uniform Trust Code
This January the New Legislature passed, and Governor Christie signed into law, the New Jersey Uniform Trust Code (“NJ UTC”) after nearly eight years of deliberations. The law, which is effective as of July 17, 2016, provides a comprehensive set of guidelines as to trusts. Some part of the model Uniform Trust Code has been […]
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08.28.2015
Financial Elder Abuse: Does a Bank have a Duty to Report?
Lucca v. Wells Fargo Bank, N.A., 2015 N.J. Super. LEXIS 105 (Law Div. Jan. 28, 2015)(approved for publication June 24, 2015) Over several months in 2011, plaintiff Margaret Lucca made approximately twenty-seven wire transfers, totaling about $330,000, from her account at Wells Fargo Bank. She sent the funds at the direction of an individual who […]
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08.28.2015
The Nature of Summary Proceedings in Probate Matters
In re Scuderi, 2015 N.J. Super. Unpub. LEXIS 1646 (App. Div. July 9, 2015) This case addressed issues pertaining to a guardianship dispute, including the sale of real estate and the removal of the guardian. In particular, defendant Richard Scuderi appealed from the order authorizing the listing for sale of certain property and dismissing his […]
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