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BEIM v. HULFISH

Docket No. A-5947-10T4

50 A.3d 42 (2012)

427 N.J. Super. 560

Robert B. BEIM and Franklyn Z. Aronson, as Co-Executors of the Estate of John G. Kellogg and Barbara Kellogg, Franklyn Z. Aronson as Trustee of the Anne D. Kellogg Marital Trust and Judith Medina and Prudence Krause, Plaintiffs-Appellants, v. Trevor R. HULFISH and Teresa Cupples, Defendants-Respondents, and Russell Marks, Jr., and Patricia H. Marks, Defendants, and Chubb Insurance Company of New Jersey, Defendant/Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 29, 2012.

Attorney(s) appearing for the Case

Jerrold Kamensky, Trenton, argued the cause for appellants (Kamensky, Cohen & Riechelson, attorneys; Mr. Kamensky and Kristin Teufel, on the brief).

Richard J. Mirra, New Brunswick, argued the cause for respondents Trevor R. Hulfish and Teresa Cupples (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Mr. Mirra, of counsel and on the brief).

Joseph A. Deer argued the cause for respondent Chubb Insurance Company of New Jersey (Bashwiner and Deer, LLC, attorneys; Mr. Deer, on the brief; John M. Bashwiner, of counsel).

Before Judges FUENTES, J.N. HARRIS, and KOBLITZ.

The opinion of the court was delivered by

JONATHAN N. HARRIS, J.A.D.

This appeal arises in connection with the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6. The novel issue presented is whether an heir's loss of a prospective inheritance resulting from the imposition of increased estate taxes — incurred due to the premature death of a decedent — is recoverable in a wrongful death action. Because such a tangible, readily-calculable diminishment...

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