On May 15, Archer Partner Steven K. Mignogna presented “Fiduciary Litigation Update” at the 2026 NJSBA Annual Meeting and Convention. The panel discussed recent developments in the area of fiduciary litigation. Not only did the panel address recent cases, but
Archer Estate & Trust Litigation Law
The Archer Estate & Trust Litigation Law blog, published by Archer & Greiner, P.C., focuses on legal issues related to estate planning, trust administration, and litigation involving wills and trusts. It covers topics such as undue influence and will contests, trust modification and termination, ethical considerations in elder law, and the legal standards for standing in probate disputes. The blog also highlights practical guidance on drafting estate planning documents and addresses challenges in trust administration, including disputes over fiduciary duties and beneficiary rights. Additionally, it features insights on elder abuse, Medicaid planning, and the intersection of ethics and accounting in elder law practice.
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Latest from Archer Estate & Trust Litigation Law
Appellate Division Affirms Surrogate’s Power to Dismiss Pleadings That Do Not Comply with Rule 4:86
In the Matter of K.P., an Alleged Incapacitated Person, No. A-2137-24, 2026 WL 1097416 (N.J. Super Ct., App. Div. April 23, 2026)
The case involves Kim, an 86-year-old widow, and the contest between her three children, with Lori and David…
Appellate Division Affirms Summary Decision that Joint Trust Became Irrevocable Upon Death of the First Spouse, and Subsequent Will by Decedent Does Not Trump Joint Trust Provisions or Deed Titling Real Estate in Joint Trust
In re Estate of Clements, Jr., Docket No. A-3235-23, 2026 WL 1296499 (N.J. Super. App. Div. May 12, 2026)
This case addresses the impact of real estate remaining titled in the name of a trust, despite allegations that the decedent…
Arbitration Clauses in Wills are Unenforceable
In re Hekemian, Docket No. A-3001-24, 2026 WL 1073030 (N.J. Super. App. Div. April 21, 2026)
This decision is an update of In re Hekemian, Docket No. A-1774-21, 2023 WL 176098 (N.J. Super. App. Div. Jan. 13, 2023), dealing with…
Appellate Division Allows Filing of Medicaid Lien Against Property Held by Spouses as Tenants-By-The-Entireties
Mary D. Forest v. Division of Medical Assistance and Health Services, Docket No. A-1344-2, 2026 WL 772366(N.J. Super. App. Div. March 19, 2026)
The plaintiffs were the beneficiaries under the will of Clerveaux Benoit (“Decedent”). They sought to invalidate a…
Trial Court Addresses Individual’s Standing to Contest a Will
In re Estate of Foster, MON-P-422-24 (N.J. Super. Ct. Ch. Div. March 2, 2026)
Lois Foster (“Decedent”) died on August 11, 2022, after purportedly executing a last will in June 2022 (the “Will”) which favored her granddaughter, Lisa Walker (“Lisa”),…
Trial Court Clarifies Witness Role in the Execution of a Last Will and Testament
In re Estate of Berryman, MON-P-410-24 (N.J. Super. Ct. Ch. Div. March 9, 2026)
This will contest addressed the role of the witness to the will.
The defendants moved for summary judgment declaring the decedent’s will invalid since it was…
Matthew Nicodemo Accepted into the Mid-Atlantic Fellows Institute of The American College of Trust and Estate Counsel
By Archer & Greiner & P.C.
Archer is pleased to announce that attorney Matthew M. Nicodemo has been accepted into Class V of the Mid-Atlantic Fellows Institute of The American College of Trust and Estate Counsel (ACTEC).
The Mid-Atlantic Fellows Institute was established by ACTEC Fellows to…
Steven Mignogna Elected to ACTEC Executive Committee
By Archer & Greiner & P.C.
Archer is pleased to announce that partner Steven K. Mignogna was recently elected to the Executive Committee of the American College of Trust and Estate Counsel (ACTEC). Additionally, Steven remains on the ACTEC Board of Regents.
Steven has…
Appellate Division Finds that Will Provisions Trump Property Settlement Agreement Where Conditions for Sale and Division of Real Property Interest Under the PSA Were Not Met
In re Estate of Canova, Docket No. A-1696-23, 2026 WL 305263 (N.J. Super. App. Div. Feb. 5, 2026)
Marianne Canova (“Decedent”) and Lawrence Cinelli were married in 1970 and had two sons, Mario and Genio. Thereafter, in 1976, the Decedent…