MARK A. BERMAN & KELLY A. ZAMPINO WIN $428,511 VERDICT FOR SURVIVING WIFE IN ESTATE LITIGATION

November 2012: After a three-day trial in the Superior Court of New Jersey, Probate Division, Mark A. Berman and Kelly A. Zampino obtained a $428,511.91 verdict in favor of the surviving wife of Dr. Edward T. Bowe, and against Dr. Bowe’s Estate and his children, in a lawsuit challenging Dr. Bowe’s estate planning. The Superior Court concluded that our client had proved by clear and convincing evidence that Dr. Bowe had fraudulently induced his wife to waive her federal statutory right to receive 50% of his retirement account upon his death by falsely representing to her that she would inherit the marital residence of 25+ years, which she believed was owned jointly but which he knew was not, that Dr. Bowe’s Estate and by extension four of his children had been unjustly enriched as a result, and that the Estate was estopped from enforcing the ERISA waiver under a theory of promissory estoppel. The Court also rejected the defendants’ counterclaims that the Estate was entitled to funds held in a Dr. & Mrs. Bowe’s joint bank account.