IMO Estate of Lucy G. Kershak, Docket Nos. A-2897-17T3, A-4402-17T3, 2019 WL 1976066 (N.J. Super. Ct. App. Div. May 2, 2019) This case considers whether summary judgment is appropriate when a complaint opposing probate of a will is not timely filed. In 2008, the decedent executed a will prepared by her long-time attorney. The 2008 […]

In re Walker, 2019 PA Super 120, 2019 WL 1759792 (Pa. Super. Apr.22, 2019). This appeal deals with the standing for residual beneficiaries of a revocable trust. In July 2001, Pauline O. Walker (“decedent”) created a revocable trust, naming her daughters, Katherine W. Bantleon and Elizabeth W. Mecke (“the daughters”), as the residual beneficiaries.  Smithfield […]

In the Matter of the Estate of Dorothy Dreher, No. A-4800-17T3, 2019 WL 1512720 (N.J. Super. Ct. App. Div. April 8, 2019). Dorothy Dreher had two children, David and Rebecca. David was the executor.  Rebecca filed a verified complaint to vacate the probate judgment on grounds of undue influence and lack of capacity.  After four […]

Allen v. Estate of Allen, No. A-2605-17TI, 2019 WL 150169 (N.J. Super. Ct. App. Div. Jan. 7, 2019). This unpublished Appellate Division case covers a number of estate litigation topics, including real estate title issues, rights among spouses, and constructive trusts. The facts of the case are relatively simple. In 1961, Norma Allen (“Norma”) and […]

In the Matter of the Estate of Rosenthal, No. P-461-18 (N.J. Super. Ct. Ch. Div., Mar. 6, 2019).  Sally Rosenthal died intestate, with no spouse or children. After a genealogical search for the Sally’s family members, the investigator concluded that Sally’s only surviving relatives that could be found were second cousins and second cousins, once […]

In the Matter of Nadzam, Deceased, 2019 PA. Super. 14 (Jan. 14, 2019). JoAnn Domitrovich and Mandy Burket were two of the six children of the decedent, Allen Nadzam (“the decedent”). The decedent died on July 1, 2017. Thereafter, JoAnn initiated an action with the Court of Common Pleas of Beaver County Orphans’ Court in […]

In re Estate of McAleer, 2018 PA Super. 227, 194 A.3d 587 (2018), petition for allowance of appeal granted, 2019 WL 423074 (Pa., Feb. 4, 2019). The settlor’s son and trustee, William H. McAleer, was involved in extensive litigation with two stepsons of the settlor, who were beneficiaries of the trust. Upon an accounting by […]

In the Matter of the Estate of Paruta, No. A-3456-17T2, 2019 WL 92244 (N.J. Super. Ct. App. Div. Jan. 3, 2019). The testator died with no immediate family and a will that left bequests to charities and individuals, including the defendant bank employee. The bank’s Code of Conduct and Ethics prohibited employees from accepting bequests […]

Mecca v. Levine, No. A-0548-17T3, 2018 WL 6711343 (N.J. Super. Ct. App. Div. Dec. 21, 2018). This legal malpractice action arose out of the drafting of a will. The Appellate Division addressed whether a ruling in a prior litigation that established the testator’s intent estopped any claim that the defendant attorney breached his duty in […]

Girard v. Foster, No.  A-5190-16T1, 2018 WL 6518667 (N.J. Super. Ct. App. Div. Dec. 12, 2018). This case deals with a legal malpractice claim in the probate context. Plaintiff Anthony J. Girard and his siblings were involved in litigation as to land owned by their mother. Girard and his siblings signed a Consent Order that required […]