Category: Hot Trends: Developing Case Law
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02.03.2023
Case Summary: Arbitration Clause in Will Deemed Unenforceable
Authors: Steven K. Mignogna, Kelly M. Barry In re: Hekemian, Docket No. A-1774-21 (N.J. Super. App. Div. January 13, 2023) The decedent, Samuel P. Hekemian (“Decedent”), was survived by his wife and their four sons, including the plaintiff and one of the defendants. Decedent left a Last Will and Testament (“Will”) that named the defendants […]
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01.20.2023
Case Summary: Scriveners Do Not Owe Fiduciary Duties to Beneficiaries of Wills They Prepare
Kianka v. Errickson, No. A-1314-21, 2022 WL 17574240 (N.J. Super. Ct. App. Div. December 12, 2022) This unreported Appellate Division case explores whether a scrivener of a Will owes any duty to a beneficiary of that Will. Under the circumstances of this case, the Appellate Division found there was no such duty. Jack Kisthardt (“Decedent”) […]
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01.18.2023
Case Summary: Appellate Division Adopts Procedure for Disposition of Deceased Child’s Remains
Freedman v. Freedman, 2023 WL 105211 (N.J. Super. App. Div. January 5, 2023) This “sad case” from the Family Part involved a burial dispute between parents over their adult son’s cremation remains and personal property. The court decided that a plenary hearing was not necessary to resolve the dispute, and adopted a procedure for trial […]
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01.16.2023
Case Summary: Absent Credible Direction from Decedent, Appellate Division Looks to Totality of the Circumstances in Deciding Final Resting Place
Crane v. Crane, Docket No. A-3174-20 (N.J. Super. App. Div. Dec. 29, 2022) This case involved the determination of a decedent’s intentions with respect to her burial location and the disposition of her remains. The Appellate Division affirmed the earlier decision of the trial court following a trial that featured testimony from nine witnesses. Decedent […]
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01.06.2023
Handwriting Expert Doesn’t Come in Handy: Appellate Division Dismisses Forgery and Undue Influence Claims
In re Estate of Joel Perkel, No. A-0283-20, 2022 WL 17660550 (N.J. Super. Ct. App. Div. December 14, 2022) The plaintiffs, Jane Perkel (“Jane”) and Robert Perkel (“Robert”), were siblings and the children of the decedent, Joel Perkel. Jane and Robert appealed from a judgment dismissing their complaint to challenge their father’s will and seek […]
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01.03.2023
Annuitant’s Ability to Revoke or Liquidate Annuity Key to Determination of Irrevocability
C.L. v. Division of Medical Assistance and Health Services and Bergen County Board of Social Services, 473 N.J. Super. 591 (App. Div. 2022) C.L. appealed from the denial of her request for Medicaid benefits by the Division of Medical Assistance and Health Services (“DMAHS”). C.L. had previously purchased an annuity contract with the Croatian Fraternal […]
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12.15.2022
Guardian ad Litem and Attorney Fees Deemed Reasonable Despite a Mother’s Claims
In the Matter of the Estate of E.L., A-1906-20 (App. Div. November 21, 2022) This matter concerns an appeal of professional fees awarded in connection with the guardianship and estate of E.L. (Emma). Prior to Emma’s death, she was declared incapacitated and an attorney (“GAL”) was appointed to serve as Emma’s guardian ad litem. Another […]
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12.10.2022
Denial of Request for Clarity of Court Order Does Not Equal a Frivolous Filing
In re Arno Mayer, Docket No. A-0904-21 (N.J. Super. App. Div. November 4, 2022) Plaintiff Daniel Mayer (“Daniel”) and his brother, defendant Carl Mayer (“Carl”), were named attorneys-in-fact for their father, Arno Mayer (“Arno”). Daniel filed a complaint against Carl, alleging that Carl took financial advantage of Arno, and that Carl should be removed as […]
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12.01.2022
New York Appellate Division Revokes Letters Testamentary and Letters of Trusteeship
Elena Eckhouse v. Anita Taormina, 202 A.D.3d 669 (N.Y. App. Div. 2022) This action was brought in an effort to revoke letters testamentary and letters of trusteeship from Anita Taormina (“Taormina”). Upon their father’s death in 2008, Taormina and her sister, Elena Eckhouse (“Eckhouse”), were appointed as co-executors of his estate, as well as co-trustees […]
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11.27.2022
PA Superior Court Finds that Payment of Trustee Commissions Is Not Sufficient Basis for Trust Termination
In Re: Trust B under Agreement of Richard H. Wells dated September 28, 1956, No. J-A18026-22, 2022 PA Super 154 (Pa. Super. Sept. 7, 2022) In a case of first impression, the Pennsylvania Superior Court held that the payment of reasonable trustee’s commissions did not constitute a sufficient basis for termination of a trust under […]
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