Category: Hot Trends: Developing Case Law
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01.12.2026
Appellate Division Reiterates the Standard for Sanctions for Frivolous Litigation
In the Matter of the Estate of Elise Morenon, No. A-0098-24, 2025 WL 3623723 (N.J. Super. Ct. App. Div. Dec. 15, 2025) In 2013 Elise Morenon (“Testator”) retained an attorney (the “Attorney”) for estate planning. Testator identified her family, her assets and how she wanted those assets to be distributed. Testator told The Attorney she […]
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01.05.2026
Appellate Division Found the Trial Court Effectively Disinherited Defendant By Approving the Settlement Agreement
In re Estate of Sandor, No. A-0936-23, 2025 WL 3640043(N.J. Super. App. Div. Dec. 16, 2025) Ralph Sandor died in 2019. Sandor’s nephew, Anthony Russo, Sr., died after Sandor. Defendant Lottie Russo is the spouse of Russo, Sr. Anthony Russo, Jr. (Russo, Jr.) served as Sandor’s agent pursuant to a power of attorney. Lottie and […]
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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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12.08.2025
Pennsylvania Appeals Court Affirms Finding that Assets Held in a Trust Impacting Medicaid Eligibility Was Not an Unforeseen Circumstance Warranting Trust Termination
In the Matter of Peterson Family Irrevocable Trust, 333 A.3d 453 (Pa. Super. 2025) Don I. and Marjorie R. Peterson (Appellants”) sought to terminate the Peterson Family Irrevocable Trust (the “Trust”), a noncharitable irrevocable trust they had established. Their petition was contested by one of the Trust beneficiaries, their granddaughter. The Trust was created on […]
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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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11.03.2025
Pennsylvania Superior Court Upholds Orphan’s Court Finding that Mistake of Law is Not an Unanticipated Circumstance to Warrant Termination of Trust
In the Matter of Peterson Family Irrevocable Trust, 333 A.3d 453 (Pa. Super. 2025) Don I. and Marjorie R. Peterson (Appellants”) sought to terminate the Peterson Family Irrevocable Trust (the “Trust”), a noncharitable irrevocable trust they had established. Their petition was contested by one of the Trust beneficiaries, their granddaughter. The Trust was created on […]
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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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