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,
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Latest from Archer
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…
Will Contest Based on Decedent’s Ability to Speak English Rejected
In re Estate of Bardizbanian, Docket No. A-3370-21 (N.J. Super. App. Div. Mar. 5, 2024)
Siran Bardizbanian (“Decedent”) died on March 9, 2021. Decedent’s daughter, Maggie, sought to reject Decedent’s November 6, 2000 will (“2000 Will”), which disinherited her. Decedent’s…
Appellate Division Invokes Cy Pres Doctrine to Further Decedent’s Charitable Intent
Matter of Estate of Heinecke, No. A-3604-21, 2024 WL 1125186 (N.J. Super. Ct. App. Div. March 15, 2024)
This case centers around the modification of a will under the cy pres doctrine.
Barbara Heinecke (“Decedent”) died testate on April 9,…
Tax Court Finds Self-Dealing Where Power of Attorney Withdrew IRA Funds For Her Own Benefit
Balint v. Commissioner of Internal Revenue, T.C. Memo. 2023-118 (2023)
Petitioner Joseph Michael Balint (“Petitioner”) brought suit against the IRS, for a tax assessment related to withdrawals made from his IRA and his life insurance by his spouse, Jacqueline Grimes…
Claims of Oral Will Rejected
In re Estate of Wasowicz, 2023 WL 8069402, No. A-3620-21 (N.J. Super. App. Div. Nov. 21, 2023)
This case focused on whether an oral agreement made in 1987, 35 years prior to death, is akin to a Will or, in…
Limitations Defined to Exception to “American Rule”: Fee Shifting in Guardianship Actions
In the Matter of A.D., 477 N.J. Super. 288 (App. Div. 2023)
This published opinion defines limitations to the exception to the American Rule against fee shifting in guardianship actions. The case was initiated by the Sussex County Office of…
Fee Shifting Order Violated “American Rule”
Matter of Estate of Ryan, No. A-2252-21, 2023 WL 6799134 (N.J. Super. Ct. App. Div. Oct. 16, 2023)
This case addressed fee shifting and the application of the American Rule in estate litigation. In particular, the parties were seeking reconsideration…
Anthony La Ratta to Present NJICLE’s Annual “Latest Trends in Estate Litigation” CLE
Anthony La Ratta, Archer Estate & Trust Litigation attorney, will present the New Jersey Institution for Continuing Legal Education’s (NJICLE) 17th Annual Latest Trends in Estate Litigation CLE, which will provide a comprehensive review of recent cases and the…
New Hampshire Supreme Court Affirms Modification of Usage for Charitable Funds
In re Robert T. Keeler Maintenance Fund, 306 A.3d 795 (N.H. 2023)
The decedent bequeathed funds in his will to Dartmouth College for the maintenance of a golf course. The college sought to modify that restriction since the golf course…