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 it also addressed proposed and pending legislation that will impact this area of law.
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Latest from Archer
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 on one side and Joy on the other. Kim had a durable power of attorney,…
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 intended otherwise.
Susanne Snock (“Snock”) — one of the two daughters of 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 the enforceability of arbitration provisions in testamentary instruments. In that earlier decision, the Appellate Division…
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 lien by Division of Medical Assistance and Health Services (“DMAHS”). The lien had been placed…
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”), and disinherited the Decedent’s daughter, Rose Phelps (“Rose”), and three other grandchildren.
The Will was…
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 not properly witnessed.
The will was witnessed by two individuals, including an attorney, with a…
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 develop the profession’s future leaders in trust and estate law through a series of in-depth…
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 played an active role in ACTEC over the years, including serving a five-year term as New…
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 and Lawrence entered into a property settlement agreement (“PSA”), which was incorporated into their 1978…