Author: Steven K. Mignogna
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12.15.2025
Appellate Court Remands Trial Decision Invalidating a Deed Due to Insufficient Trial Record With Regard to Statute of Limitations
In re Estate of Guirguess, Docket No. A-3607-23, 2025 WL 3562540 (N.J. Super. App. Div. Dec. 12, 2025) The decedent had three children. The decedent and one of his sons (a minor) were named as defendants in a personal injury suit in 1997. Shortly before that matter went to trial, the decedent transferred real property […]
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12.11.2025
Court Appoints Pro Bono Counsel for Pro Se Plaintiff in Elder Abuse Case, Finding it Within the Court’s Discretion To Do So
Daspin v. Daspin, Case No. 2:24-cv-11501, 2025 WL 3251442 (D.N.J. Nov. 21, 2025) The plaintiff was 86 years old, hearing impaired, and on several prescriptions. As a pro se party, he filed various pleadings alleging elder abuse by his nephew and the nephew’s girlfriend. The alleged abuse covered a number of areas, including financial exploitation […]
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12.01.2025
Appellate Court Affirms Invalidation of a Prior Will, Upholding the Trial Court’s Credibility Findings in Undue Influence Case
In re Estate of Martin, Deceased, Docket No. A-4113-23, 2025 WL 3063987 (N.J. Super. App. Div. Nov. 3, 2025). James G. Martin (“Senior”) died in February 2020. His 2019 will was contested by three of his six children — James H. Martin (Jimmy), Michael P. Martin (Mickey), and Ann P. Martin. The plaintiffs alleged that […]
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11.06.2025
Appellate Division Upholds Invalidation of Subsequent Will under Undue Influence, But Reverses Attorney Fee Award
In re Estate of Martin, Deceased, Docket No. A-4113-23, 2025 WL 3063987 (N.J. Super. App. Div. Nov. 3, 2025). James G. Martin (“Senior”) died in February 2020. His 2019 will was contested by three of his six children — James H. Martin (Jimmy), Michael P. Martin (Mickey), and Ann P. Martin. The plaintiffs alleged that […]
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10.08.2025
Appellate Division Reiterates the Standard for Standing to Contest the Validity of Wills
In re Estate of Carone, Docket Nos. A-0858-24, A-0860-24, 2025 WL 2731315 (N.J. Super. App. Div. Sept. 25, 2025) The plaintiffs were the decedents’ grandsons. The standing of the plaintiffs was the focus as to their challenge to the decedents’ wills. The decedents were married and had executed six reciprocal wills between 2007 and 2017. […]
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10.06.2025
Appellate Division Determines a Child’s Right to Support Outweighs a Beneficiary’s Right to Alter Distributions
In re Estate of Franklin, Docket No. A-4003-23, 2025 WL 2836025 (N.J. Super. App. Div. Oct. 7, 2025) The parties’ mother died intestate. She left three children who entered into litigation with each other. A neutral administrator of the estate was appointed. The litigation was settled by an agreement by two of the children – […]
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02.12.2025
NJ Supreme Court Affirms Ex-Spouse’s Rights to Savings Bonds as Pay-on-Death Beneficiary, Unaffected by Divorce Settlement Agreement
In re Estate of Jones, 259 N.J. 584 (N.J. 2025) The central issue was whether an ex-spouse’s rights as the pay-on-death beneficiary on her deceased ex-husband’s U.S. savings bonds were superseded by the parties’ divorce. Michael Jones (“Decedent”) was married to Jeanine Jones (“Jeanine”) in 1990. The couple divorced in January 2018. The Decedent and […]
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12.16.2024
Presumption of Revocation Found For Decedent’s Will Executed Before Marriage and Birth of Children
In re Estate of Kremer, 2024 WL 4964639 (N.J. Super. Dec. 4, 2024) This case deals with revocation of wills and related points. Bonnie Levine executed a will in 1992. The will named Bonnie’s sisters, Pamela McGinnis and Patrice Berman, as executrix and contingent executrix, respectively. In 1997, Bonnie married Joseph Kremer. The couple had […]
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10.21.2024
Documents Containing Sensitive Information Permitted to be Submitted Under Seal in Legal Malpractice Case Despite Waiver of Attorney-Client Privilege
Krivulka v. Lerner, No. 2:20-CV-09724, 2024 WL 4318735 (D.N.J. Sept. 27, 2024) This is one in a series of decisions stemming from a legal malpractice action for estate planning. The defendants/lawyers had acted as counsel for the decedent, Joseph Krivulka, and his wife, plaintiff Angela Krivulka, for estate planning and other purposes. The plaintiff alleged […]
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09.17.2024
Attorney-Client Relationship Not Found Where Purported Client Signed Engagement Letter with “N/A”
Miranda v. Rinaldi, Docket No. A-3780-22, 2024 WL 4356344 (N.J. Super. App. Div. Oct. 1, 2024) This case tests the limits of the duties that attorneys owe to non-clients, in the context of legal malpractice. The decedent died in 2017. He left three children: plaintiff John; Victor; and Maria. The decedent’s will named Maria as […]
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