Archer Estate & Trust Litigation Law

U.S. v. Estate of Kelley, No. 3:17-cv-965-BRM-DEA, 2020 WL 6194040 (D.N.J. Oct. 22, 2020). Lorraine Kelley died on December 30, 2003, and her brother, Richard Saloom (“Saloom”), and Richard Lecky were co-executors of her estate.  The co-executors  filed a Form 706 on behalf of the Estate of Lorraine Kelley (“Kelley Estate”), reporting an estate tax liability of $214,412 and a gross estate of over $1.7 million.  The IRS examined the estate tax returns, and Saloom…
Faulk v. Martucci, No. A-2234-19T1, 2021 WL 243833 (N.J. Super. Ct. App. Div. Jan. 26, 2021). Defendant Anne Martucci (“Anne”) appealed from an order awarding a constructive trust in favor of plaintiff Janette Faulk (“Janette”) as guardian of Harry Faulk (“Harry”), an incapacitated person.  Janette is Harry’s daughter. Prior to being found an incapacitated person, Harry had a career in construction demolition and later heavy-equipment and machinery scrap sales.  Anne worked as Harry’s secretary and…
Schultz v. Glasser, No. A-5239-18T3, 2021 WL 269674 (N.J. Super. Ct. App. Div. Jan. 27, 2021). Husband and wife, Robert Schultz, Sr. (“Robert”) and Mary Ann Schultz (“Mary Ann”), created an inter vivos trust (“Trust”), of which they were the primary beneficiaries.  Upon the death of the survivor of them, their children, Robert Schultz, Jr., (“Bobby”) and Donna Schultz (“Donna”) were the remainder beneficiaries.  In the event Bobby or Donna died without issue, the survivor…
Where: Webinar When: 9:00 am –  March 11, 2021 Overview: Archer partner Tony La Ratta will speak at an upcoming webinar, “Webcast – 14th Annual Latest Trends in Estate Litigation” hosted by the New Jersey Institute for Continuing Legal Education. Estate litigation is constantly evolving, and knowing the latest trends and developments can often mean the difference between winning or losing the cases you handle. – How has estate litigation changed in the last 12…
The American Bar Association Standing Committee on Ethics and Professional Responsibility (“Committee”) recommends lawyers avoid responding to negative online reviews “because doing so may draw more attention to it and invite further response from an already unhappy critic,” Formal Opinion 496 said. If an attorney feels compelled to respond, however, the Committee reminds the legal community that attorneys have ethical obligations with regard to confidential information and a negative online review alone, does not allow a lawyer…
Estate of Dianne Partee v. Jones, No. A-0765-19T1, 2020 WL 6688913 (N.J. Sup. Ct. App. Div. Nov. 13, 2020) Twin sisters Dianne and Dionne owned as tenants in common the Philadelphia home in which they grew up.  On January 19, 2017, Dianne transferred her interest to Dionne, but this deed was not notarized until May 11, 2017. On June 19, 2017, Dionne deeded the property to her daughter, Loree. Dianne died in 2017.  The estate…
Pine Brook Care Center v. D’Alessandro, No:  A-3197-18T1, 2020 WL 6852609 (N.J. Sup. Ct. App. Div. Nov. 23, 2020). In 2014, Michael D’Alessandro was adjudicated incapacitated.  His three daughters, Antoinette, Nancy, and Maryanne, were appointed co-guardians. In 2016, Michael was admitted to Pine Brook Care Center.  The Pine Brook admission package included an Admission Agreement which advised that federal and state law prohibit a nursing home from requiring a third-party guarantee of payment to the…
Partner, Melissa O. Dibble, and Steven K. Mignogna, Co-Chair of  Archer’s Estates and Trusts Department and Chair of the Estate and Trust Litigation Group, participated in the Estate and Financial Planning Council of Southern New Jersey webinar, “No Good Deed Goes Unpunished: Charitable Disputes and How to Avoid Them” on Thursday, February 18. This webinar explored disputes involving trustees and charities who are managing restricted charitable gifts.  The panel discussed the following topics:…
In re Estate of Cenaffra, No. A-5731-17T1 (N.J. Super. App. Div. Sept. 9, 2020) Defendant was the executrix under the decedent’s last will and had also been the decedent’s agent under a power of attorney.  The trial court granted plaintiff’s request to require defendant to provide an accounting for both roles.  At trial, defendant invoked her Fifth Amendment right and declined to testify.  The trial court ultimately granted judgment against defendant for $200,000 in damages. …