-
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”) […]
Read More -
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 […]
Read More -
01.16.2023
Case Summary: Absent Credible Direction from Decedent, Appellate Division Looks to Totality of the Circumstances in Deciding Final Resting Place
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 […]
Read More -
01.06.2023
Handwriting Expert Doesn’t Come in Handy: Appellate Division Dismisses Forgery and Undue Influence Claims
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 […]
Read More