In many jurisdictions, the law dictates that people cannot benefit from their crimes. In the realm of the administration of decedent’s estates, this principle takes the form of “slayer statutes” which state that a killer cannot inherit from their victim. Where these statutes traditionally disinherit beneficiaries who kill the testator, some states have expanded their
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Presumption of Revocation Found For Decedent’s Will Executed Before Marriage and Birth of Children
In re Estate of Kremer, 2024 WL 4964639 (N.J. Super. Dec. 4, 2024)
This case deals with revocation of wills and related points.
Bonnie Levine executed a will in 1992. The will named Bonnie’s sisters, Pamela McGinnis and Patrice Berman, as executrix and contingent executrix, respectively.
In 1997, Bonnie married Joseph Kremer. The couple had…
Trial Court Lacked Discretion to Dictate the Order of Attorney Fees Payment From a Fund in Court
Mooney v. Convery, Nos. A-1576-22, A-1577-22 (N.J. Super. App. Div. Nov. 13, 2024)
This case came before the Appellate Division after the trial court awarded attorney fees but directed payment only after the defendant fully satisfied the judgment, rather than from a fund in court under Rule 4:42-9(a)(2).
John J. Mooney passed away on June…
Appellate Division Clarifies Standards for Electronic Service, Affiant’s Personal Knowledge Requirement, and Quiet Title Actions
Nolasco v. Estate of Nolasco, Docket No. A-3176-22, 2024 WL 4563243 (N.J. Super. App. Div. Oct. 24, 2024)
This matter concerns a quiet title claim brought against the estate (“Estate”) of Otilio Nolasco (“Otilio” or “decedent”) by plaintiff Jose Nolasco (“Jose”) concerning real estate in North Plainfield, New Jersey. The Estate appealed two orders:…
Appellate Division Remands Case for Determination of the Application of the Entire Controversy Doctrine to Claims of Breach of Fiduciary Duties
Ventre v. Balsamo, 2024 WL 4749519, (N.J. Super. App. Div. Nov. 12, 2024)
This matter came before the Appellate Division because the trial court found the plaintiff’s legal malpractice against claim against Arthur Balsamo, Esquire (“Attorney”) barred under the entire controversy doctrine and the doctrine of collateral estoppel. The Appellate Division affirmed the Law Division’s…
Appellate Division Retroactively Applies Foreign Adoption Statute to Adoption of Decedent’s Son, Finds That Adopted Son Is Rightful Intestate Heir Over Decedent’s Brother
In re Estate of R.S., No. A-3452-22 (N.J. Super. App. Div. Oct. 31, 2024)
The defendant appealed an Order appointing the plaintiff as the administrator of the decedent’s estate. The Appellate Division reversed and remanded.
The defendant was adopted by the decedent and his spouse from Russia shortly after he was born in 1993. The…
Testator’s Children and Company Challenge Validity of Will Provision Directing Children to Keep the Testator’s Wife on the Company’s Payroll for the Remainder of Her Life
In re Estate of Kenneth C. Haugh, 2024 WL 4664488 (Pa. Super. Nov. 4, 2024)
This matter came before the Superior Court on appeal from the Orphans’ Court granting declaratory judgment in favor of Deborah Haugh, wife of testator Kenneth Haugh, after she died in October 2022. The primary issues decided on appeal were whether…
Sisters Deemed Out of Time in Bringing Breach of Fiduciary Duty Claims Against Sister-in-Law
Geswaldo v. Geswaldo, 2024 WL 4615590, No. A-3540-21 (N.J. Super. App. Div. Oct. 30, 2024)
Christine and Rachel Geswaldo (the “sisters”) appealed a decision in favor of their sister-in-law, Joan Geswaldo, regarding a dispute over a family trust and real estate partnership.
In 1991, Joseph, the siblings’ father, set up a trust to hold two…
Documents Containing Sensitive Information Permitted to be Submitted Under Seal in Legal Malpractice Case Despite Waiver of Attorney-Client Privilege
Krivulka v. Lerner, No. 2:20-CV-09724, 2024 WL 4318735 (D.N.J. Sept. 27, 2024)
This is one in a series of decisions stemming from a legal malpractice action for estate planning.
The defendants/lawyers had acted as counsel for the decedent, Joseph Krivulka, and his wife, plaintiff Angela Krivulka, for estate planning and other purposes.
The plaintiff alleged…
The Do’s and Don’ts of Estate Planning
Steve Mignogna, Chair of Archer’s Estate & Trust Litigation Group, will serve as a panelist for the Rutgers Law School program, “The Do’s and Don’ts of Estate Planning. This session will explore the fundamentals of estate planning and look at some of the cutting-edge topics as time permits. When things go wrong litigation might…