In re Estate of Cenaffra, No. A-5731-17T1 (N.J. Super. App. Div. Sept. 9, 2020) Defendant was the executrix under the decedent’s last will and had also been the decedent’s agent under a power of attorney.  The trial court granted plaintiff’s request to require defendant to provide an accounting for both roles.  At trial, defendant invoked […]

Estate of Van Riper v. Div. of Taxation, No. 082000, 2020 WL 558624 (N.J. Feb. 5, 2020). The Supreme Court affirmed the interpretation of New Jersey’s transfer inheritance tax statute that taxed the full value of a property transferred into an irrevocable trust, upon the death of the second spouse. Walter and Mary Van Riper […]

In re Estate of Hursa, A-4801-17T1, 2020 WL 914706, (N.J. Super. Ct. App. Div. Feb. 26, 2020). The plaintiff and her sister were the co-administrators of their mother’s estate.  The sister had lived in the mother’s house from 2007 until her death in 2012.  The plaintiff sued for breach of fiduciary duty, declaratory judgment, unjust […]

In re Estate of Hauke, A-5200-17T3, 2020 WL 1488675, (N.J. Super. Ct. App. Div. Mar. 25, 2020). Co-executors in accounting action were not permitted to rely on a release, because they did not raise the release until the end of the trial, and the release did not apply anyhow.  In addition, co-executors were not entitled […]

In re Estate of Stumm, No. A-0655-18T2, 2019 WL 4620342 (N.J. Super. Ct. App. Div. Sept. 24, 2019). This appeal involved the interpretation of a will and the application of N.J.S.A. § 16:11-23 to resolve whether a bequest should pass to The Presbytery of the Palisades and the Presbyterian Church, U.S.A. Estate (collectively “the Presbytery”), or […]

The Appellate Division affirmed summary judgment against a party seeking to invalidate a will based primarily on incapacity. The challenger was the decedent’s brother, Frederick Jelin. The decedent initially executed a will with the help of an attorney. The will included specific instructions regarding charitable and other specific bequests she wished to make to a […]

In the Matter of the Estate of Rosenthal, No. P-461-18 (N.J. Super. Ct. Ch. Div., Mar. 6, 2019).  Sally Rosenthal died intestate, with no spouse or children. After a genealogical search for the Sally’s family members, the investigator concluded that Sally’s only surviving relatives that could be found were second cousins and second cousins, once […]

In the Matter of the Estate of Florence Fisher, No. A-0515-16T, 2017 WL 5895758 (N.J. Super. Ct. App. Div. Nov. 28, 2017). These two pieces of litigation involved the efforts of plaintiff Meredith A. Fisher to void estate planning by her mother, the late Florence Fisher.