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,
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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…
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…
Archer Annual Labor & Employment Seminar
Join us for a complimentary Labor & Employment Breakfast Seminar. This course will cover the major state and federal laws affecting labor and employment law. Presenting at the seminar are Archer attorneys Kyra Bradley, Yvette Cave, Doug Diaz…
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…
Court Strikes Down Overtime Rule That Increased Salary Thresholds for Overtime Exemptions
On November 15, 2024, the United States District Court for the Eastern District of Texas set aside and vacated the United States Department of Labor (DOL) rule that expanded overtime eligibility for employees. The rule had been issued by the…
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…
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…
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…
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,…