Author: Steven K. Mignogna
-
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. […]
Read More -
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 – […]
Read More -
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was whether an ex-spouse’s rights as the pay-on-death beneficiary on her deceased ex-husband’s U.S. savings bonds were superseded by the parties’ divorce.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 […]
Read More -
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 […]
Read More -
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 […]
Read More -
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 […]
Read More -
09.10.2024
Commissions Disallowed Based on Lack of Trial Court Findings
In re Estate of Yorkowitz, Docket No. A-2835-22 (N.J. Super. App. Div. Sept. 4, 2024) The decedent died on May 28, 2019. In July 2019, the Middlesex County Surrogate admitted to probate the decedent’s will of August 2018 and issued letters testamentary to plaintiff Billy Perialis. The decedent’s will devised certain real estate to Perialis […]
Read More -
08.28.2024
Summary Disposition Reversed on Motion for Reconsideration
In re Estate of Vuong, Docket No. MON-P-459-19 (N.J. Super. Aug. 28, 2024) Quy Dinh Vuong (also known as Peter Dinh Vuong and referred to herein as “Peter”) executed his last will (“Will”) in 1984. Peter died in May 2011. His wife died shortly thereafter. The Will named his daughter, defendant Thu Ngo (“Thu”), as […]
Read More -
08.22.2024
Appellate Division Affirms Invalidating 2017 Will on Motion for Summary Judgment
In re Estate of Warnock, Docket No. A-0672-22 (N.J. Super. App. Div. Aug. 22, 2024) This appeal affirmed summary judgment on a claim to invalidate a will. The plaintiff, Betty Ann Turkus, was the daughter of the decedent, Joseph Warnock. The decedent left two wills. The 2006 will named his wife as the beneficiary. In […]
Read More -
08.16.2024
Exceptions to Accounting Rejected by Appellate Division
In re T/U/W of Wen, Docket No. A-3675-22, (N.J. Super. App. Div. Jul. 8, 2024) Peter Wen (“Peter”) was the son of the decedent, Wu Huai Wen. The case focused on a trial court order approving the first interim accounting of the trust (“Trust”) established under the decedent’s last will, for the period August 1, […]
Read More