Author: Sarah Cranston
Will the Judiciary Re-Write the Rules for Retainers in Fee-Shifting Cases?
Balducci v. Cige, 240 N.J. 574 (2020) A former client filed an action against her former attorney for a declaratory judgment that the retainer agreement with him to represent her in a suit for damages under a Law Against Discrimination (LAD) lawsuit was unenforceable. The trial court declared the agreement unenforceable and dismissed the attorney’s […]Read More
Estate Planning, Administration, and Probate Practice During a Pandemic
Whether an attorney is faced with a surrogate that lacks the ability to accept and file pleadings, a struggle to notarize necessary administration documents, or clients calling in a panic to update documents, attorneys are having to work fast to find solutions in the “new normal.” In some instances the Courts are mandating the procedures. […]Read More
Pennsylvania Supreme Court Updates Orphans’ Court Rules
Effective January 1, 2020, the Pennsylvania Supreme Court issued several Orphans’ Court rule changes including the following: Rule 1.7 added a comment that withdrawal of counsel before the Register of Wills is subject to local rules or the discretion of the Register and may be different from the procedure of withdrawal of appearance in the […]Read More
Litigant “Entitled to Fair and Reasonable Opportunity to Litigate”
De Paul vs. Estate of De Paul, A-0887-16t2, 2019 WL 1831554 (N.J. Super. Ct. App. Div. April 25, 2019). This action considered the reach of the entire controversy doctrine. The dispute stemmed from the disposition of a residential property in Mays Landing owned by the decedent, Catherine De Paul (“Catherine”). Catherine died testate in December […]Read More
Peter Bing, Grandfather To Damian Hurley And Kira Kerkorian, Can’t Exclude Grandchildren From Trust
The Daily Mail reported that a Los Angeles judge ruled that Steve Bing and Elizabeth Hurley’s son Damian Hurley, 17, and his half-sister Kira Kerkorian, the daughter of Steve and former tennis pro Lisa Bonder, are beneficiaries to their grandfather, Dr. Peter Bing’s, trust. The trust is set to terminate in October 2020. Dr. Bing […]Read More
When the Complaint is Late, is Dismissal Appropriate?
IMO Estate of Lucy G. Kershak, Docket Nos. A-2897-17T3, A-4402-17T3, 2019 WL 1976066 (N.J. Super. Ct. App. Div. May 2, 2019) This case considers whether summary judgment is appropriate when a complaint opposing probate of a will is not timely filed. In 2008, the decedent executed a will prepared by her long-time attorney. The 2008 […]Read More