Category: Hot Trends: Developing Case Law
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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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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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