Estate & Trust Litigation Law Blog

Donald P. Craig

Don’s estate litigation practice includes will contests, disputes between fiduciaries and beneficiaries and preparation of accountings. Don also represents clients in contested accounting actions, breach of fiduciary duty claims and disputes involving the validity or use of powers of attorney. Prior to joining Archer, Don served for 25 years as counsel to the Surrogate of Camden County. He reviewed wills for submission to probate in the Camden County Surrogate’s Court, and reviewed all probate pleadings filed in the Superior Court in Camden County, including the audit of all fiduciary accountings.

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04.12.2017
Steven Mignogna Appointed to Joint ACTEC/NCPJ Task Force

The American College of Trust and Estate Counsel (ACTEC) recently appointed Steven K. Mignogna, a Partner in the firm’s Haddonfield office, to its Joint ACTEC/NCPJ Task Force. The task force is a joint initiative between ACTEC and the National College of Probate Judges (NCPJ), and was created to coordinate projects between ACTEC and the NCPJ. […]
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Posted in Headline Highlights: Estate & Trust Law In the News | By Archer & Greiner, P.C.
04.10.2017
Fraud Must Be Pleaded With Specificity

Epstein v. Epstein, 2017 N.J. Super. Unpub. LEXIS 1165, No. A-1558-15T3 (N.J. Super. Ct. App. Div. May 15, 2017). This case is an unpublished Appellate Division decision arising out of Ocean County, New Jersey. Plaintiff Neal Epstein (“Neal”) appealed the trial court’s order dismissing his Complaint against Barbara Epstein (“Barbara”). Neal’s Complaint alleged that as […]
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Posted in Hot Trends: Developing Case Law | By Archer & Greiner, P.C.
04.03.2017
5th Annual Estate Litigation Seminar

Join us for a complimentary breakfast and panels that include top estate practitioners from Archer & Greiner, as well as other experts from outside the firm.
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Posted in Speaking Events | By Archer & Greiner, P.C.
03.31.2017
Charitable Bequests: How To Make Them Last

No one likes talking about death. No one likes thinking about death. However, planning for your death — an inevitable event for all of us — can be one of the simplest ways to control the disposition of your assets after you pass. A good estate plan can also work to reduce taxes due […]
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Posted in Original Pieces: Recent Publications From Our Litigators | By Melissa Osorio Dibble

03.30.2017
Appeallate Division Affirms Finding Of Trustee’s Breach Fiduciary Duty

Estate of Lerner v. Lerner, No. A-0399-15T4, 2017 N.J. Super. Unpub. LEXIS 804 (N.J. Super. Ct. App. Div. Mar. 30, 2017). Defendant Tisa Lynn Lerner appeals from an August 11, 2015, judgment finding she breached her fiduciary duties as trustee for plaintiff, the Estate of Harry Lerner. Tisa is one of three daughters of the late Harry Lerner (“decedent”), who died in 2012. Phyllis Kornblatt, defendant’s sister, initiated the underlying complaint on behalf of the estate beneficiaries. Namely, Phyllis alleged that Tisa breached her fiduciary duty as trustee of the Harry Lerner Revocable Trust (“Trust”). Phyllis sought Tisa’s removal as trustee, requested a complete accounting, and sought repayment of any improper distributions Tisa made to herself.
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Posted in Hot Trends: Developing Case Law | By Archer & Greiner, P.C.

03.30.2017
Melissa Osorio Dibble and Brittney Cafero presented an Update on the new Guardianship Rules in New Jersey

The presentation took place on March 30, 2017, at Tavistock Country Club in Haddonfield, NJ. The attendees received an important update from Adam Rosen of the Camden County Surrogate’s Court on changing procedures.
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Posted in Speaking Events | By Archer & Greiner, P.C.

03.16.2017
Appeals Court Found Arbitrator Did Not Exceed His Authority

In Re Estate of Lederer, No. A-0175-14T1, 2017 N.J. Super. Unpub. LEXIS 665 (N.J. Super. Ct. App. Div. Mar. 16, 2017). This case pertains to an arbitrator’s authority to decide the validity of a Will. The Appellate Division addressed two appeals that were consolidated.
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Posted in Hot Trends: Developing Case Law | By Archer & Greiner, P.C.

03.08.2017
New Jersey Court Applies The Doctrine Of Forum Non Conveniens

Travelers Casualty and Surety Company, Inc. v. Skrabonja, et al., 2017 N.J. Super. Unpub. LEXIS 591 (N.J. Super. Ct. Law Div. Mar. 8, 2017). Bronko Grcic was involved in a car accident in the late 1970s that left him paralyzed on the left side of his body, confining him to a wheelchair. Litigation related to Bronko’s accident was settled, and a conservatorship was established in the New York Supreme Court, Queens County, with the proceeds from the settlement. In the 1990s, Bronko and his mother moved to New Jersey and began the process of establishing a guardianship for Bronko in New Jersey.
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Posted in Hot Trends: Developing Case Law | By Archer & Greiner, P.C.

02.21.2017
Appellate Court Finds Financial Institutions Do Not Owe A Legal Duty To Non-Customers

Wolens v. Morgan Stanley Smith Barney, LLC, 155 A.3d 1 (N.J. Super. Ct. App. Div. Feb. 21, 2017). Plaintiff Kathleen Wolens (“Wolens”) appealed a trial court order granting summary judgment and dismissing her complaint against her deceased mother’s former investment company -- Morgan Stanley Smith Barney, LLC (“Morgan Stanley”) -- and its account manager, co-defendant William Gibson (“Gibson”). Essentially, Wolens argued that defendants acted negligently and improperly in carrying out a written request to have her mother’s investments changed from accounts solely in her name to joint accounts.
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Posted in Hot Trends: Developing Case Law | By Archer & Greiner, P.C.

02.21.2017
The Right to Control A Testator’s Funeral

Old Bridge Funeral Home, LLC v. Pruckowski, et al., No. A-0519-15T2, 2017 N.J. Super. Unpub. LEXIS 397 (N.J. Super. Ct. App. Div. Feb. 21, 2017). This matter pertains to the right to control a testator’s funeral under N.J.S.A. § 45:27-22(a). Marie Pruckowski (“decedent”) passed away in October 2014. She was survived by her three children: Paul Pruckowski, Kenneth Pruckowski, and Theresa Mary Donnelly, and her brother, Anthony Castiglione. In March 2011, decedent executed a will (“the will”) naming her brother as executor. She directed that all her “just debts and funeral expenses” be fully paid and satisfied. However, she did not name a funeral agent to address her funeral arrangements. Moreover, the will made no provision for decedent’s three children.
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Posted in Hot Trends: Developing Case Law | By Archer & Greiner, P.C.

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Donald P. Craig

Steven Mignogna Appointed to Joint ACTEC/NCPJ Task Force

Fraud Must Be Pleaded With Specificity

5th Annual Estate Litigation Seminar

Charitable Bequests: How To Make Them Last

Appeallate Division Affirms Finding Of Trustee’s Breach Fiduciary Duty

Melissa Osorio Dibble and Brittney Cafero presented an Update on the new Guardianship Rules in New Jersey

Appeals Court Found Arbitrator Did Not Exceed His Authority

New Jersey Court Applies The Doctrine Of Forum Non Conveniens

Appellate Court Finds Financial Institutions Do Not Owe A Legal Duty To Non-Customers

The Right to Control A Testator’s Funeral