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04.09.2024
Federal Regulations Preempt Inconsistent State Law
In re Jones, Docket No. A-2944-21 (N.J. Super. App. Div. Nov., 14, 2023) Michael Jones (“Decedent”) was married to Jeanine Jones (“Jeanine”) in 1990. The couple divorced in January 2018. The Decedent and Jeanine’s Divorce Settlement Agreement (“DSA”) stipulated, in relevant part, that any retirement and bank accounts would be retained by the party in […]
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04.03.2024
Pennsylvania Amends Guardianship Statute
On December 14, 2023, Pennsylvania amended certain sections of its guardianship statutes, effective June 11, 2024. Act of Dec. 14, 2023, P.L. 446, No. 61, Cl. 20. Among the changes is the addition of a requirement that counsel for the alleged incapacitated person be appointed by the court in all matters in which counsel has […]
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04.01.2024
Doctrine of Laches Properly Applied Where Verified Complaint filed Over a Decade After Decedent’s Death
In re Estate of Dornic, Docket No. 2414-21 (N.J. Super. App. Div. Feb. 27, 2024) This case concerns a complaint that was dismissed under the doctrine of laches. The Appellate Division affirmed. Olga Dornic (“Decedent”) died intestate on February 3, 2008. The Decedent was never married, had no children, and left no living parents, siblings, […]
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03.29.2024
New Jersey Statutes Closing “Black Hole” of Litigation to be Applied Retroactively
Roik v. Roik, Docket No. A-2522-21 (N.J. Super. App. Div. Nov. 27, 2023) In August 2020, plaintiff Paul Roik (“Paul”) filed for divorce from defendant Anita Roik (“Anita”), his spouse of 46 years. The couple had three children together, all of whom are adults. In 2013, long before filing for divorce, Paul had executed a […]
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