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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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01.22.2023
Celebrity Estate Plans (Part 2): Honest Abe Died Intestate
President Abraham Lincoln, who guided the United Stated through its bloodiest war and who is oftentimes remembered for being a shrewd lawyer and valiant leader, did not have a will in place when he was assassinated in 1865. President Lincoln’s estate was valued at approximately $110,000 (worth millions today). Under intestacy law at the time […]
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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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Gregory J. Palakow
Greg has an active and diverse Litigation practice with focus in trust and fiduciary litigation, estate disputes, nursing home and long term care facility representation, and representation of offices of county government.