Category: Hot Trends: Developing Case Law
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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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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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