The 17th Annual Elder and Disability Law Symposium was held on September 17, 2014 at the New Jersey Law Center in New Brunswick, NJ. Thank you to the 144 who attended the 17th Annual Symposium this year. As in past years, I gave the case law update at the opening plenary session by summarizing the.. read more →

In In re Estate of DeFrank, 433 N.J. Super. 258 (App. Div. Nov. 15, 2013), a New Jersey appeals court reversed a trial court’s summary judgment dismissal of a case involving ownership of joint bank accounts. The Appellate Division reasoned that ownership turned on the intent of the decedent and the relationship of the parties,.. read more →

In Estate of William Strohmenger, 2013 N.J. Super. Unpub. LEXIS 2651 (App. Div. Oct. 31, 2013), the decedent left a handwritten will leaving his estate to his minor son, in trust, and nothing to his estranged wife. After his sister sought to admit the holographic will to probate, the estranged wife filed a caveat objecting.. read more →

(In the midst of my oral argument before the New Jersey Supreme Court held on February 4, 2014 on behalf of Thomas Saccone. A video of the entire oral argument can be found on my website here.)  Reversing contrary decisions by lower courts and administrative agencies, the New Jersey Supreme Court ruled that the disabled.. read more →

In Salvemini v. Spector, 2013 N.J. Super. Unpub. LEXIS 2942 (App. Div. Dec. 13, 2013), certif. denied, 217 N.J. 303 (2014), the Appellate Division rejected a legal malpractice claim filed by sons against their father’s estate planning attorney. When widower Mr. Salvemini contemplated remarriage, he and his sons went to attorneys Spector & Dimin, who.. read more →

A court of appeals in New Jersey reinstated a legal malpractice lawsuit, finding that the defendant law firm owed a duty of care to explain the terms of an agreement to a client even though they were unambiguous and the client was a sophisticated businessman who personally negotiated the agreement without assistance from defendant. Cottone.. read more →