Author: Steven K. Mignogna
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04.15.2026
Appellate Division Allows Filing of Medicaid Lien Against Property Held by Spouses as Tenants-By-The-Entireties
Mary D. Forest v. Division of Medical Assistance and Health Services, Docket No. A-1344-2, 2026 WL 772366(N.J. Super. App. Div. March 19, 2026) The plaintiffs were the beneficiaries under the will of Clerveaux Benoit (“Decedent”). They sought to invalidate a lien by Division of Medical Assistance and Health Services (“DMAHS”). The lien had been placed […]
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04.02.2026
Trial Court Clarifies Witness Role in the Execution of a Last Will and Testament
In re Estate of Berryman, MON-P-410-24 (N.J. Super. Ct. Ch. Div. March 9, 2026) This will contest addressed the role of the witness to the will. The defendants moved for summary judgment declaring the decedent’s will invalid since it was not properly witnessed. The will was witnessed by two individuals, including an attorney, with a […]
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02.09.2026
New Jersey Supreme Court Addresses Standards for Legal Malpractice Actions Against Estate Planners
Christakos v. Boyadjis, 262 N.J. 477 (2026) The New Jersey Supreme Court addressed when an attorney owes a duty of care to a non-client, such that that non-client can pursue a legal malpractice case. The Court held that a drafting attorney of a will owes no duty of care to a non-client, unless there is […]
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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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