In re: Estate of Harriet Ross, Docket No. A-3757-20 (N.J. Super. App. Div. January 20, 2023) Defendant Jeffrey Ross (“Jeffrey”) appealed three orders: (1) an April 16, 2021, Order granting the motion to enforce a second settlement agreement filed by Plaintiff Leslie Ross (“Leslie”); (2) a May 21, 2021, Order amending the April 16, 2021, […]

Estate of Tanaka v. Kazary, 2023 WL 382310 (N.J. Super. App. Div. January 25, 2023) Sayoko Tanaka (“Tanaka”) and Keith Rosello (“Rosello”), a married couple, were tragically struck by a vehicle and killed on December 1, 2017.  Tanaka died before reaching the hospital, while Rosello lived another four months before succumbing to his extensive injuries.  […]

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 […]

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”) […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]