Category: Hot Trends: Developing Case Law
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05.19.2026
Appellate Division Affirms Surrogate’s Power to Dismiss Pleadings That Do Not Comply with Rule 4:86
In the Matter of K.P., an Alleged Incapacitated Person, No. A-2137-24, 2026 WL 1097416 (N.J. Super Ct., App. Div. April 23, 2026) The case involves Kim, an 86-year-old widow, and the contest between her three children, with Lori and David on one side and Joy on the other. Kim had a durable power of attorney, […]
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05.12.2026
Appellate Division Affirms Summary Decision that Joint Trust Became Irrevocable Upon Death of the First Spouse, and Subsequent Will by Decedent Does Not Trump Joint Trust Provisions or Deed Titling Real Estate in Joint Trust
In re Estate of Clements, Jr., Docket No. A-3235-23, 2026 WL 1296499 (N.J. Super. App. Div. May 12, 2026) This case addresses the impact of real estate remaining titled in the name of a trust, despite allegations that the decedent intended otherwise. Susanne Snock (“Snock”) — one of the two daughters of the decedent — […]
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05.01.2026
Arbitration Clauses in Wills are Unenforceable
In re Hekemian, Docket No. A-3001-24, 2026 WL 1073030 (N.J. Super. App. Div. April 21, 2026) This decision is an update of In re Hekemian, Docket No. A-1774-21, 2023 WL 176098 (N.J. Super. App. Div. Jan. 13, 2023), dealing with the enforceability of arbitration provisions in testamentary instruments. In that earlier decision, the Appellate Division […]
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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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04.09.2026
Trial Court Addresses Individual’s Standing to Contest a Will
In re Estate of Foster, MON-P-422-24 (N.J. Super. Ct. Ch. Div. March 2, 2026) Lois Foster (“Decedent”) died on August 11, 2022, after purportedly executing a last will in June 2022 (the “Will”) which favored her granddaughter, Lisa Walker (“Lisa”), and disinherited the Decedent’s daughter, Rose Phelps (“Rose”), and three other grandchildren. The Will was […]
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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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03.18.2026
Appellate Division Finds that Will Provisions Trump Property Settlement Agreement Where Conditions for Sale and Division of Real Property Interest Under the PSA Were Not Met
In re Estate of Canova, Docket No. A-1696-23, 2026 WL 305263 (N.J. Super. App. Div. Feb. 5, 2026) Marianne Canova (“Decedent”) and Lawrence Cinelli were married in 1970 and had two sons, Mario and Genio. Thereafter, in 1976, the Decedent and Lawrence entered into a property settlement agreement (“PSA”), which was incorporated into their 1978 […]
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02.16.2026
Appellate Division Discusses Procedural Standards for Pleading Undue Influence
In re Estate of Olga Kolbik, Docket No. A-0782-24, 2026 WL 81510 (N.J. Super. App. Div. Jan. 12, 2026) In this matter concerning the Estate of Olga Kolbik, the Appellate Division vacated a Chancery Division judgment invalidating a 2016 will on undue influence grounds and remanded for a new trial before a different judge. The […]
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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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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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