Category: Hot Trends: Developing Case Law
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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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08.05.2025
Chancery Division Relies on Extrinsic Evidence in Finding on Reconsideration that Contradicting Language in the Will created a Testamentary Trust
In re Estate of Vuong, Docket No. Mon-P459-19 (N.J. Super. Ct. Ch. Div. June 17, 2025) The case involves the estates of Quy Dinh Vuong (“Peter”) and Nghia Thi Le, whose wills led to a dispute between their children, Chinh Minh Vuong (“Chinh”) and Thu M. Ngo (“Thu”). In particular, Peter’s will named Thu as […]
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07.16.2025
Appellate Division Finds that Division of Developmental Disabilities Trumps Medicaid Lien During Lifetime of Assistance Recipient
In re G.W., Docket No. A-3597-23 (N.J. Super. App. Div. June 17, 2025) Gabrielle (“G.W.”) had resided in a group home operated by Arc of Bergen and Passaic Counties (“Arc”) since 2012. The Division of Developmental Disabilities (“DDD”) and New Jersey’s Medicaid program implemented through the Division of Medical Assistance and Health Services (“DMAHS”) had […]
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07.09.2025
Appellate Division Upholds Trial Court Finding of Insufficient Evidence to Remove Executor
Chorun v. Chorun, Docket No. A-2704-23 (N.J. Super. App. Div. May 6, 2025) The estate’s executor (“Philip”) and beneficiary (“Alan”) were the sons of Joseph Chorun (“Decedent”). In December 2020, the Decedent died intestate, and Philip qualified as the estate’s executor. The Decedent left a residence in which the parties’ sister resided. The Decedent’s will […]
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06.18.2025
New Jersey Appellate Division Affirms Trial Court’s Decision to Deny Undue Influence Claim Brought by Disinherited Children
In Re Estate of Kapila, No. A-2757-23, 2025 WL 1430418, (N.J. Super. Ct. App. Div. May 19, 2025) Vikrant and Gitanjali (“Gita”), (collectively “Plaintiffs”) appealed the trial court’s dismissal of their undue influence claim and denial of their request for counsel fees against the estate of their father, Rajendra Kapila (“Decedent”) and his second wife […]
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05.20.2025
New Jersey Chancery Division Applies Delaware Principal and Income Act in Denial of Summary Judgment Motion Classifying Income from Sale of Entity’s Assets Paid and Distributed to Marital Trust Beneficiary as a Liquidation Event
Harris v. Harris, Docket No. MON-C-41-22 (N.J. Super. Ch. Div. Apr. 21, 2025) The case involves plaintiffs Timothy J. Harris, Megan Harris Loewenberg, and Kristen C. Harris, who alleged that their mother, Mary Ellen Harris, and others interfered with their vested rights to assets from the estate of their late father, Dr. Robert H. Harris. […]
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04.28.2025
Appellate Division Affirms that Claims Relating to Estate Issues are Under the Jurisdiction of the Chancery Division
Brodsky v. Estate of Goodman, Docket No. A-0592-23, 2025 WL 1024243 (N.J. Super. App. Div. April 7, 2025) Plaintiff Eleanor Brodsky (“Eleanor”) appealed two Law Division orders which denied her motion for a change of venue, granted the defendants’ motion to dismiss her complaint without prejudice, and directed her to refile in the Chancery Division, […]
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04.07.2025
Appellate Division Affirms that the Slayer Statute Does Not Expand to Suicide as a Result of Marital Discord
In re Jason Y. Liaban, Docket No. A-1435-23, 2025 WL 747482 (N.J. Super. App. Div. March 10, 2025) Maria Y. Liaban (“Mother”), the mother of Jason Y. Liaban (“Decedent”), appealed an order that dismissed her complaint against Kriezl L. Liaban (“Decedent’s wife”) with prejudice. Decedent, a police sergeant, committed suicide on March 30, 2023, leaving […]
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03.03.2025
Unclean Hands Bars Credits for Breaches of Fiduciary Duties as Attorney In-Fact and Executor
In re Joan McFadden, Docket No. A-0236-23, 2025 WL 65016 (N.J. Super. App. Div. Jan. 10, 2025) Joan McFadden died leaving three sons: Joseph, Vincent, and John. After their mother’s death, Joseph and Vincent brought an action against their brother, John. They alleged he breached his fiduciary duties as both attorney-in-fact and executor of their […]
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