Category: Hot Trends: Developing Case Law
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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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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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