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
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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…
15th Annual Probate Symposium
On October 17, Anthony La Ratta will present a fiduciary litigation update as part of NJICLE’s 15th Annual Probate Symposium.
The annual Probate Symposium is back with the trending issues and topics for all things in probate law. Hear from an expert panel of skilled practitioners about the most contemporary state and federal caselaw, legislative…
Annual Meeting of the ACTEC Fellows of the Mid-Atlantic Region
During October 18-20, 2024, Steven Mignogna will present three programs in connection with the regional meeting of the American College of Trust and Estate Counsel (ACTEC). These meetings will be held in Wilmington, Delaware.
10/18: “What’s New?”
The State Chairs presented a program on unique aspects of estate and trust law in their given jurisdictions…
Pennsylvania Supreme Court Weighs Benefits and Burdens of Maintaining Charitable Trust, Affirming Trial Court’s Decision Denying Termination of Same
In re Tr. B Under Agreement of Richard H. Wells Dated September 28, 1956, 311 A.3d 1057 (Pa. 2024)
In September 1956, Richard H. Wells (“Wells”), President of First Seneca Bank and Trust Company (“First Seneca”), established the Richard H. Wells Revocable Trust Agreement (the “Trust”), naming First Seneca as corporate trustee.
Prior to his…
New York Court Dismisses Complaint But Leaves Door Open to Challenge In Terrorem Clause
Application of Follman, 81 Misc.3d 275(N.Y. App. Div. 2023)
Ahron Follman (“Petitioner”) is the son of Esther Follman and Lazar Follman (“Decedent”). Decedent died in 2018 and his wife, Esther, died in 2021. In 1996 and 2011, Decedent and his wife created trusts in which their children and issue were treated almost equally. Those trusts…