Category: Hot Trends: Developing Case Law
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09.06.2024
The Stranger to the Adoption Doctrine: Adult Adoptee Excluded from Class Gifts Made by Adoptive Parent’s Parents Due to Lack of Specific Intent
In the Matter of 1979 Inter Vivos Tr. of Alfred & Mary Sanzari, Grantors, Dated June 1, 1979, No. A-3612-21, 2024 WL 3249366, (N.J. Super. Ct. App. Div. July 1, 2024) This case involved a dispute over the inclusion of Carl Sanzari (“Carl”), an adopted adult, as the beneficiary of two inter vivos trusts created […]
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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 […]
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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 […]
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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, […]
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08.09.2024
Abuse of Discretion Not Found in Calculation of Trustee’s Commissions for Part of a Year
In the Matter of the Davi H. Kato Special Needs Trust, Dated December 11, 2018, No. A-0414-22, 2024 WL 762247 (N.J. Super. Ct. App. Div. February 26, 2024) Fabio and Maria Kato (the “Katos”) were natives of Brazil. While visiting New Jersey in 2015, they had a son, Davi, who was born with cerebral palsy. […]
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08.08.2024
Oral Agreement Argument Unsuccessful; Terms of Will Upheld
In re Estate of Spitz-Oose, Docket No. A-0451-22 (N.J. Super. App. Div. Apr. 10, 2024) Plaintiff Brian Spitz (“Brian”) brought claims against the estate of his mother. The center of the dispute was real estate owned by the mother and Brian’s allegation that his mother promised orally to leave him the property if he provided […]
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08.02.2024
Doctrine of Laches Prevents Enforcement of Litigants’ Rights Claim
In re Estate of Semple, Docket No. A-3415-21 (N.J. App. Div. Jul. 31, 2024) This case dealt with the doctrine of laches. In 2000, Marie Semple executed the Marie Semple Qualified Personal Residence Trust (“QPRT”), an irrevocable trust that then owned residential property. The QPRT directed the trustee, on Marie’s death, to distribute the principal […]
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07.15.2024
Undue Influence Not Found Where No Evidence of Financial Exploitation
In re Estate of Iannacco, Docket No. A-1674-22 (N.J. Super. App. Div. June 24, 2024) Maria Iannacco (“Decedent”) was married to Aldo Iannacco Sr. (Aldo Sr.). They had two sons, plaintiff Francesco Iannacco (“Francesco”) and defendant Aldo Iannacco Jr. (“Aldo Jr.”). Francesco had two children, and Aldo Jr. had two children, including defendant Bianca Martinelli […]
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07.12.2024
United States Supreme Court Unanimously Decides that Life Insurance Proceeds on Life of Business Owner Increases Value of Shares
Connelly v. United States, 144 S.Ct. 1406 (2024) Two brothers, Michael and Thomas Connelly, owned a building supply corporation. To keep the company in the family in the event either of the brothers died, the brothers entered into an agreement where the surviving brother would have the option to purchase the deceased brother’s shares. If […]
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04.24.2024
Federal Subject Matter Jurisdiction Not Found by District of New Jersey: Probate Exception Applied
Crane v. Crane, Docket No. 23-cv-01527 (D.N.J. Apr. 1, 2024) The plaintiff, Michael Crane (“Michael”), brought claims in federal court alleging that the defendants — Michael’s sister, Jacqueline Crane (“Jacqueline”) and Michael’s nephew, Joseph Candela (“Joseph”) — unlawfully deprived him of property. He also claimed that Jacqueline breached her fiduciary duties and was negligent for […]
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