Category: Hot Trends: Developing Case Law
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                        02.02.2024
                        
Award for Attorneys Fees Prevails Against Undue Hardship Claim
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 […]
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                        01.24.2024
                        
Pre-Marital Will Statute Misapplied Where Factual Record Deemed Incomplete
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 […]
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                        01.18.2024
                        
Limited Guardian Appointment During Divorce Proceedings Affirmed
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. […]
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                        01.17.2024
                        
Federal Regulations Preempt State Law in Disposition of Federal Bonds
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 […]
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                        12.04.2023
                        
Appointment of Limited Guardian Upheld in Divorce Proceedings
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. […]
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                        11.28.2023
                        
Pennsylvania Superior Court Denies Will Executed Virtually During COVID-19 Pandemic
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 […]
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                        10.03.2023
                        
Massachusetts Appellate Division Upholds Inclusion of GRAT in Equitable Distribution Calculation
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 […]
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                        09.13.2023
                        
Statute of Limitations Not Stayed When Decedent Had Constructive Notice of Transfers
McFadden v. Pentagon Federal Credit Union, No. A-3538-20, 2023 WL 4777219 (N.J. Super. Ct. App. Div. July 27, 2023) This case illustrates how parties must stay wary of the applicable statute of limitations. McFadden at *1. The appellant, Joseph – nephew of the decedent, Joan McFadden (the “decedent”) – appealed an order granting Morgan Stanley […]
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                        09.04.2023
                        
Plenary Hearing Denied When No Issue of Material Fact
In re Grompone, No. A-0563-22, 2023 WL 4926145 (N.J. Super. Ct. App. Div. August 2, 2023) Helen Paglinawan – the sister of Marie Grompone, an incapacitated person – appealed the trial court’s approval of a consent order and the denial of her motion to intervene in the litigation. Grompone at *1, 4. Helen instituted a […]
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                        08.25.2023
                        
PNC Not Bound By Fiduciary Duties to Trust Beneficiaries
Harry Kuskin 2008 Irrevocable Tr. By Dworkin v. PNC Fin. Grp., Inc., No. A-1937-21, 2023 WL 4693141 (N.J. Super. Ct. App. Div. July 24, 2023) This case focuses mainly on a bank’s immunity under the Uniform Fiduciaries Law (“UFL”). N.J.S.A. § 3B:14-52 to -61. Plaintiffs were the Harry Kuskin 2018 Irrevocable Trust (“HKIT”) and the […]
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