Category: Estate Litigation
New Jersey Court Holds Against Arbitration Clause in Last Will & Testament
The New Jersey Superior Court, Chancery Division, Bergen County, in the case of In Re Estate of Hekemian, a case of first impression, invalidated a binding arbitration provision that was included in the Decedent’s Last Will and Testament. The Plaintiff, one of four (4) sons of the Decedent, filed a…
Appellate Victory for Kulzer & DiPadova
In the Matter of the Estate of Kershak, N.J. Super. App. Div. Eric A. Feldhake and Daniel L. Mellor prevailed for their clients on six of the six issues brought on appeal. The Court found the case potentially included exceptional circumstances that would warrant relief under Rule 4:50-1(f) and the…
Fundamentals of Probate Litigation
Administration Procedure and Timing According to an article in the AAA Dispute Resolution Journal, an estimated $41 trillion of wealth will be transferred from the “Greatest Generation” to their children, the Baby Boomers, between 1998 and 2052. This massive transfer of wealth through estates both large and small has spurred…
Attorney Eric A. Feldhake Successfully Represents Client Before Pennsylvania Appellate Court
Toll Naval Assoc. v. Chun-Fang Hsu, PICS Case No. 14-0214 (Pa. Super. Jan. 30, 2014) Bender, J. (15 pages.) Eric A. Feldhake of Kulzer & DiPadova, P.A. appeared before the Pennsylvania Appellate Court representing Chun-Fang Hsu. Fox Rothchild represented Appellant Toll Naval Assoc. which appealed from the judgment entered against it confirming…
Booth vs. Division of Taxation – Important Decision Effect New Jersey Planning
BACKGROUND Booth vs. Director, Division of Taxation,27 N.J. Tax 600, decided February 11, 2014 is a far reaching and significant opinion that will change the way tax planners view the “New” New Jersey Estate Tax. The New Jersey Estate Tax, enacted in June 2002 for individuals passing away after January…