Category: Hot Trends: Developing Case Law
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08.27.2018
Recent U.S. Supreme Court Decision Highlights the Need to Update Estate Plans and Beneficiary Designations Following A Marital Dissolution
Sveen v. Melin, 138 S. Ct. 1815 (U.S. Jun. 11, 2018). This decision applied the two-step test for determining Contracts Clause violations with respect to the retroactive application of a Minnesota law which established a default rule of automatic revocation of beneficiary designation upon divorce. The Supreme Court upheld the retroactive application. Enacted in 2002, […]
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05.08.2018
Trial Judge Abused Discretion With Blanket Fee Award
In the Matter of the Estate of Jeane C. Simon, Deceased, 2018 WL 1936830, A-2490-15T2, A-2763-15T2, A-2873-15T2, A-2874-15T2 (N.J. Super. Ct. App. Div. April 25, 2018). Multiple proceedings occurred over four years, dealing with overlapping disputes as to an estate and a guardianship. The focus on appeal was the trial court’s awards of counsel fees […]
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05.08.2018
Appellate Division Affirmed Frivolous Litigation Sanctions
In the Matter of the Estate of Yoram Koby, Deceased, 2018 WL 1660580 (N.J. Super. Ct. App. Div. April 6, 2018). This is an unpublished Appellate Division opinion arising out of Bergen County. The case involves the standards for reconsideration, frivolous litigation sanctions and the importance of a properly drafted notice of appeal. Yoram Koby […]
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05.08.2018
Appellate Division Looks to Extrinsic Evidence for Settlor’s Intent and Reverses Trial Court
In the Matter of the Estate of Violet Nelson, Deceased, 2018 WL 1513450, A-4004-15T1 (N.J. Super. Ct. App. Div. March 28, 2018). Approved for publication. The decision determined that the courts may look beyond the apparently plain language of a trust to determine the settlor’s probable intent. Violet Nelson left trust property to her “grandchildren.” […]
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03.13.2018
NJ Appellate Division Upholds Award of Counsel Fees Under the Niles Exception
In The Matter of The Estate of Irene Halpecka, No. A-5400-15T1 (N.J. Super. Ct. App. Div. Jan. 10, 2018). This is an unpublished Appellate Division opinion arising out of Burlington County. Plaintiffs and Rosemary Walsh (“Rosemary”) were the residuary devisees under the will of Irene Halpecka. Rosemary was also the executor and Halpecka’s agent under […]
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02.05.2018
NJ Appellate Division Vacated Award of Counsel Fees
In the Matter of the Estate of Helen Hauke, 2018 WL 580259, No. A-4103-15T3 (N.J. App. Div. Jan. 29, 2018).
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02.05.2018
NJ Appeals Court Acknowledged Plaintiff’s Cognizable Palimony Claim, Yet Found Plaintiff Failed to Timely Appeal
Terranova v. Estate of Stuart Paer, et al., 2017 WL 5507957, No. A-4221-15T4 (N.J. App. Div. Nov. 17, 2017).
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02.05.2018
NJ Appellate Division Held Appellants Should Not Be Deprived of Their Day in Court
In the Matter of Mildred Suesser, deceased, 2017 WL 5898961, No. A-0098-16T2 (N.J. App. Div. Nov. 29, 2017).
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01.10.2018
NJ Appellate Division Addresses the Interplay of Family and Intestacy Law
In the Matter of the Estate of Louis M. Acerra, 2017 N.J. Super. No. A-1955-15T1, 2017 WL 6048117 (N.J. Super. Ct. App. Div. Dec. 7, 2017). This unpublished Appellate Division case is an example of the intersection between family law and estate law. In particular, this matter involves litigation regarding the administration of an intestate […]
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01.10.2018
NJ Trial Court Mistakenly Applied Its Discretion By Not Allowing Filing Extension
In the Matter of the Estate of Florence Fisher, No. A-0515-16T, 2017 WL 5895758 (N.J. Super. Ct. App. Div. Nov. 28, 2017). These two pieces of litigation involved the efforts of plaintiff Meredith A. Fisher to void estate planning by her mother, the late Florence Fisher.
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