In the Matter of A.D., 477 N.J. Super. 288 (App. Div. 2023) This published opinion defines limitations to the exception to the American Rule against fee shifting in guardianship actions.  The case was initiated by the Sussex County Office of Adult Protective Services (“APS”).  The court appointed Stephen Kossup as counsel and Brian Lundquist as […]

Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023) This case addressed fee shifting and the application of the American Rule in estate litigation.  In particular, the parties were seeking reconsideration of the trial court’s order which shifted to them the obligation to pay their adversaries’ […]

In re Robert T. Keeler Maintenance Fund, 306 A.3d 795 (N.H. 2023) The decedent bequeathed funds in his will to Dartmouth College for the maintenance of a golf course.  The college sought to modify that restriction since the golf course had closed.  The college proposed to use the funds to support other golf-related programs and […]

Robert Borteck, PC v. Frederick Kennedy And Gabriel Yandoli, Co-Executors of the Estate of Francis P. Kennedy, deceased, Docket No. A-3819-21 (N.J. Super. App. Div. Jan. 22, 2024) Defendants were the executors of the estate of Francis P. Kennedy (“defendants”). On April 14, 2008, defendants entered an agreement with the law firm of plaintiff Borteck […]

In re Estate of Mark A. Rayner, Docket No. A-2619-20 (N.J. Super. App. Div. Nov. 9, 2023) This matter concerns a will contest between Carol Petty, the decedent’s sister, and Colleen Kelly-Rayner, the decedent’s widow.  Carol appealed three orders entered by the trial court: (1) granting summary judgment in favor of Colleen that awarded her […]

In the Matter of A.H., Docket No. A-2782-21 (N.J. Super. App. Div. Nov. 28, 2023) This case addressed an array of issues involving guardianships and divorce. A.H. and T.H. were married in New Jersey in 1987.  A.H. originally filed a complaint for divorce in 2012 but that was dismissed by a consent order in 2017. […]

In the Matter of Estate of Jones, No. A-2944-21, 2023 WL 7509426 (N.J. Super. Ct. App. Div. Nov. 14, 2023) This case reflects the intersection between estate disputes and divorce.  Defendant Jeanine Jones (“Jeanine”) appealed from an April 23, 2020 trial court order granting partial summary judgment and dismissing her creditor’s claim against the estate […]

In the Matter of A.H., Docket No. A-2782-21 (N.J. Super. App. Div. Nov. 28, 2023) This case addressed an array of issues involving guardianships and divorce. A.H. and T.H. were married in New Jersey in 1987.  A.H. originally filed a complaint for divorce in 2012 but that was dismissed by a consent order in 2017. […]

In re Estate of Susan L. Kittler, No. J-A20028-23, 2023 PA Super 180 (Pa. Super. Sept. 25, 2023) This case focuses on a will that was prepared and executed during the peak of the COVID-19 pandemic.  The Lancaster County Register of Wills denied the will for probate, determining that the document was not executed properly […]

Jones v. Jones, 103 Mass. App. Ct. 223 (2023) This case is another chapter in ongoing interplay of trusts and divorce proceedings between husband and wife. The wife’s mother made a variety of financial gifts and contributions throughout the years, including, but not limited to, settling a trust for the wife’s benefit (the “JJIT”). More […]