Even though she searched for the Wills’ testators, a New York lawyer can’t dispose of the documents according to an ethics opinion by the New York State Bar Association.  The Jan. 23 ethics opinion says the Wills are property, “and the lawyer must safeguard the Wills indefinitely” even though some of the wills were prepared more than […]

Archer Partner and Co-Chair of the firm’s Estates and Trusts Department, Steven K. Mignogna, was quoted in this CNBC article by financial reporter Sarah O’Brien, ‘This is What Happens to Unpaid Debts When a Person Passes Away.’

Whether an attorney is faced with a surrogate that lacks the ability to accept and file pleadings, a struggle to notarize necessary administration documents, or clients calling in a panic to update documents, attorneys are having to work fast to find solutions in the “new normal.” In some instances the Courts are mandating the procedures.  […]

Archer partner Steven K. Mignogna has authored Estate and Trust Litigation 2020, the fully updated, comprehensive third edition of the authoritative text on New Jersey probate litigation. The book is now available from the New Jersey Institute for Continuing Legal Education. Surrogates and Probate Judges across New Jersey have relied regularly on the prior editions of this treatise. A […]

Archer partner Steven K. Mignogna has been appointed to the Board of Trustees of the Alicia Rose Victorious Foundation. The Foundation, formed in memory of Alicia Rose DiNatale of Voorhees, N.J., who died at age 17 from a rare form of childhood cancer, provides adolescent programs and activities to enhance the quality of life for […]

(Click here for printable PDF) Under the Employee Retirement Income Security Act (ERISA), a retirement plan participant may file a breach of fiduciary duty claim against a plan fiduciary within 6 years from the date of the breach. If more than 6 years passes, they can no longer bring that claim. This is known as […]

A lawyer who killed his wife claimed that his status as the surviving spouse protected him from being sued by the estate for wrongful death – the Georgia appeals court disagreed. The court said his “argument ignores the fact that he caused his wife’s death, and the law doesn’t authorize a surviving spouse to benefit […]

The late Cars frontman Ric Ocasek made no provision for his wife Paulina Porizkova in his Last Will and Testament because, among other things, the two were in the midst of a divorce. His estate is governed by New York law, which might allow Ms. Porizkova to claim her elective share. Had they been New […]

Archer is pleased to announce that attorneys Melissa Osorio Dibble, Pete Jamison and Jonathan P. Rardin have been named partners of the firm, effective January 1, 2020. The new partners were previously associates with Archer, one of the region’s largest law firms. They represent a diverse base of clients in several practice areas, which include […]

A New Jersey estate is suing New York law firm Davidson, Dawson & Clark and attorney P. Gregory Hess in a civil suit. The decedent, a New Jersey resident had Hess, who is not licensed in New Jersey, draft her will which was successfully challenged by the decedent’s husband. In a new twist, the plaintiff […]