Steven K. Mignogna

Steven K. Mignogna, Esquire, is a shareholder with Archer, A Professional Corporation.  He specializes in commercial litigation, with a concentration on litigation involving probate matters, estates, trusts, gifts, fiduciaries, guardianships, and real estate.  He is Co-Chair of the firm’s Estates and Trusts Department and Chair of the Estate and Trust Litigation Group.

Steve has lectured and published locally and nationally.  For example, he has lectured and published for the New Jersey Bar Association, the New Jersey Institute for Continuing Legal Education, the Heckerling Institute, the National College of Probate Judges, the American Law Institute Continuing Legal Education Group, the American Bar Association, the Duke University Estate Planning Conference, the Delaware Trust Conference, and Estate Planning Councils around the country.  He authors the treatise, Estate and Trust Litigation, and is the editor and contributing author of The New Jersey Estate Planning Manual and New Jersey Probate Procedures Manual, all published by the New Jersey Institute for Continuing Legal Education.

Steve is active in a wide array of professional associations.  He is a Fellow of the American College of Trust and Estate Counsel (ACTEC).  He is a member of ACTEC’s Fiduciary Litigation Committee, and its Subcommittee on Fiduciary Surcharge and Damages/Remedies.  He is also a member of ACTEC’s Professional Responsibility Committee.

He is Chair of the Alternative Dispute Resolution Committee in the Litigation, Ethics and Malpractice Group of the American Bar Association’s Real Property, Trust and Estate Law Section.  He previously served as Chair and Vice Chair of that Group, and as Vice Chair and then Chair of the Probate and Fiduciary Litigation Committee in that Group.  Moreover, Steve is a Fellow of the Litigation Counsel of America, a national honorary society for trial lawyers.  Finally, he has been selected regularly for various “top lawyer” lists and several editions of The Best Lawyers in America.

Steve has represented both institutions and individuals.  The institutions include banks, corporate fiduciaries, investment companies, educational and charitable institutions, real estate firms, and title insurance companies.  The individuals include the beneficiaries of estates and trusts, executors, trustees, guardians, incapacitated persons, surviving spouses, investors, realtors, and persons having an interest in real estate.  He has handled an assortment of cases in the state and federal courts, at both the trial and appellate levels.

He is admitted to the bars of the state and federal courts of New Jersey and Pennsylvania.  He is also admitted to practice before the Third Circuit Court of Appeals and the United States Supreme Court.

Steve has been an attorney since 1989 and has been with Archer since 1988, when he joined the firm as a law clerk.  He earned his law degree from Rutgers University School of Law (Camden).  He obtained his Bachelor’s Degree in English from St. Joseph’s University in Philadelphia, Pennsylvania.  He received a wide array of awards and recognitions upon completion of both college and law school.

Representative Experience

  • Has represented institutions including banks, corporate fiduciaries, investment companies, real estate firms, and title insurance companies
  • Has represented individuals including the beneficiaries of estates and trusts, executors, trustees, guardians, incapacitated persons, surviving spouses, investors, realtors, and persons having an interest in real estate
  • Has handled an assortment of cases in the state and federal courts, at both the trial and appellate levels
  • Has represented numerous parties in a wide array of estate and trust ligation, with some matters being tried over a number of weeks or even months
  • Has appeared in court in most counties in New Jersey and in eastern Pennsylvania
  • Authors the treatise, Estate and Trust Litigation
  • Is the editor and contributing author of The New Jersey Estate Planning Manual and New Jersey Probate Procedures Manual, all published by the New Jersey Institute for Continuing Legal Education

Professional And Community Involvement

  • Professional Member, National College of Probate Judges
  • Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society (this includes membership in the Diversity Law Institute and Trial Law Institute).
  • Fellow of the American College of Trust and Estate Counsel (ACTEC)
  • Member of ACTEC’s Professional Responsibility Committee, Program Committee, and Fiduciary Litigation Committee and its Subcommittee on Fiduciary Surcharge and Damages/Remedies
  • Chair of the Alternative Dispute Resolution Committee in the Litigation, Ethics and Malpractice Group of the American Bar Association’s Real Property, Trust and Estate Law Section. He previously served as Chair and Vice Chair of that Group, and as Vice Chair and then Chair of the Probate and Fiduciary Litigation Committee in that Group.
  • Knights of Columbus
  • Member, Tavistock Country Club
  • Chevaliers du Tastevin
  • Member, Business Advisory Board, Alicia Rose Victorious Foundation:  The Foundation raises awareness, and provides strength and support, for teens and young adults with cancer and other life-threatening illnesses.  The Foundation is dedicated to encourage and empower hospitalized teens and young adults diagnosed with cancer and other life-threatening illnesses.  It has created one-of-a kind programs that include Teen Lounges, Teen Kits, activities, and social events.  The Foundation has partnered with 99 hospitals around the world to fund 67 teen lounges and distribute over 12,000 teen kits.

Awards And Recognition

  • Named as “Super Lawyer” by New Jersey Monthly Magazine
  • Selected regularly for “top lawyer” lists and several editions of Best Lawyers in America, including designation by Best Lawyers in America as the 2013 “Lawyer of the Year” for Philadelphia trusts and estates litigation.
  • Founders Award, South Jersey Estate Planning Counsel
  • Selected earlier in career by the New Jersey Law Journal as one of “Top 40 Under 40” lawyers in New Jersey

Articles

Publications:

  • Main author of the treatise, Estate and Trust Litigation.
  • Editor and contributing author of The New Jersey Estate Planning Manual and New Jersey Probate Procedures Manual, all published by the New Jersey Institute for Continuing Legal Education.

Articles:

  • Increasing Enforceability of Mandatory Arbitration Clauses in Wills and Trusts, 213 NJLJ 374 (July 29, 2013)
  • Gifts Gone Astray: Disputes Involving Charitable Transfers, ABA Probate and Property Magazine, Vol 24, No., p. 56 (September/October 2010)
  • Expanding the Probable Intent Doctrine, N.J. Lawyer (October 29, 2007)
  • Old Doctrine Invigorated: The Doctrine of Probable Intent Appears to be Expanding, 184 NJLJ 602 (May 22, 2006)
  • New Standards for Termination of Trusts NJLJ (Feb. 27, 2006)
  • Scope of “Probate Exception” To Be Determined 183 NJLJ 307 (Jan. 30, 2006)
  • The new New Jersey Probate Code NJ Lawyer, 13 NJL 863 (May 2, 2005)
  • The Grudge Match: The Family Part vs. The Probate Part NJ Family Lawyer, Vol 25, No. 4, p. 98 (December 2004)
  • The New Potential for Fee Awards in Undue Influence Cases, ABA Litigation Section’s Real Estate & Probate Litigation Committee Newsletter, Vol. 4, Issue 1, May 2004 (May 2004)
  • Can an Incapacitated Person Change Domicile? The National Clash Between Two Strong Legal Concepts, ABA Litigation Section’s Real Estate & Probate Litigation Committee Newsletter, Vol. 3, Issue 1, May 2003 (May, 2003)
  • The Supreme Court „Rocks’ Estate Planning, Estate & Financial Planning Council of Southern New Jersey, January/February 2003 Newsletter (January/February 2003)
  • On the Brink of Tortious Interference with Inheritance, Property & Probate Magazine, of the American Bar Association’s Real Property, Probate & Trust Law Section, (Vol. 16, No. 2) [Republished in the ABA Litigation Section’s Real Estate & Probate Litigation Committee Newsletter, Vol. 2, Issue 1, May 2002] (March/April 2002)
  • The Prudent Investor Act in New Jersey, New Jersey Bar Association, Real Property, Probate & Trust Law Section Newsletter (December 2001)
  • Strategies for Mediation of Estate Litigation in New Jersey, Estate and Financial Planning Council of South Jersey Newsletter (November/December 2001)
  • The Evolution of the Prudent Investor Act in New Jersey, South Jersey Estate Planning Council Newsletter (2001)
  • Is There a Fork in the Road: The Determination of Domicile in the Initial Phase of Probate Litigation, American Bar Association, Section of Litigation, Real Estate & Probate Litigation Committee Newsletter (November, 2000)
  • The Forgotten Weapon: Enforceability of In Terrorem Clauses, New Jersey Bar Association, Real Property, Probate & Trust Law Section Newsletter (April, 1998)

Presentations:

  • The New Jersey Uniform Trust Code, New Jersey Institute for Continuing Legal Education, Mt. Laurel, NJ (June 2016)
  • Ethics and Technology in Estates, Bryn Mawr Trust Co., Radnor, PA (June 2016)
  • Fiduciary Litigation Update, NJSBA, Atlantic City, NJ (May 2016)
  • The New Jersey Uniform Trust Code, NJSBA, Atlantic City, NJ (May 2016)
  • 3rd Annual Estate Litigation Seminar, Haddonfield (April 2015)
  • Hot Trends in Probate Litigation, Burlington County Bar Association Probate Committee, Mount Holly, NJ (April, 2015)
  • Hot Trends in Probate Litigation, 2015 Probate Symposium, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (March 2015)
  • Will to Litigate, 49th Annual Heckerling Institute on Estate Planning, Orlando, FL (January, 2015)
  • Hot Topic Trends in Estate and Trusts, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (September, 2014)
  • Accountings Across the Counties, New Jersey Institute for Continuing Legal Education, Fairfield, NJ (September, 2014)
  • Seven Deadly Claims at the American Law Institute Continuing Legal Education Group (ALI-CLE), Representing Estate and Trust Beneficiaries and Fiduciaries Seminar, Chicago, IL (July, 2014)
  • Contested Guardianships and Uniform Acts, 25th Anniversary of the Section of Real Property, Trust and Estate Law Spring Symposia of the American Bar Association, Chicago, IL (May, 2014)
  • Fiduciary Litigation Update – 2014, New Jersey State Bar Association Annual Meeting and Convention, Atlantic City, NJ (May, 2014)
  • Hot Trends; Ethics and Estate Litigation, Archer, P.C., Estate and Trust Litigation Group, Haddonfield, NJ (April, 2014)
  • Hot Trends in Probate Litigation 2013-2014, New Jersey Institute for Continuing Legal Education (NJICLE), (March, 2014)
  • Hot Trends in Probate Litigation, Burlington County Bar Association Probate Committee, Mount Holly, NJ (March, 2014)
  • When Donor’s Intention Comes Undone, Community Foundation of South Jersey, Mt. Laurel (February, 2014)
  • Ethics in Estate & Trust Disputes, Heckerling Institute, Orlando, FL (January, 2014)
  • Hot Trends in Estate Litigation, Camden County Bar Association, Cherry Hill, NJ (November, 2013)
  • Trends in Estates and Trusts – Planning, Administration and Litigation,” New Jersey Institute for Continuing Legal Education (NJICLE), New Brunswick, NJ (September, 2013)
  • 10 Things You Need to Know About New Jersey Estates, New Jersey Bar Association, Atlantic City, NJ (May, 2013)
  • Ethics and Estate Litigation, American Bar Association, Washington, D.C. (May, 2013)
  • Estate Litigation Forum, Archer Estate and Trust Litigation Group, Tavistock, NJ (April, 2013)
  • Estate and Trust Symposium, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (March, 2013)
  • Hot Trends in Probate Litigation, Burlington County Bar Association Probate Committee, Mount Holly, NJ (March, 2013)
  • Hot Trends in Probate Litigation, Camden County Bar Association, Tavistock, NJ (December, 2012)
  • Gifts Gone Awry, AMG Institutional Investments Trust Training Program, Telephonic (November, 2012)
  • Gifts Gone Awry, South Jersey Estate Planning Council, Tavistock, NJ (September, 2012)
  • Gifts Gone Awry, Philadelphia Estate Planning Council, Philadelphia, PA (May, 2012)
  • Probate Symposium, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (March, 2012)
  • Hot Trends in Probate Litigation, Burlington County Bar Association, Mt. Holly, NJ (March, 2012)
  • Seven Deadly Claims: Estate Claims Practitioners May Not Know About, Estate Planning Council of Portland, Oregon (February, 2012)
  • Hot Trends in Probate Litigation, Camden County Bar Association, Tavistock, NJ (December, 2011)
  • Discovery in Probate Litigation, Somerset County Bar Association, Bridgewater, NJ (May, 2011)
  • Estate and Trust Symposium, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (March, 2011)
  • Hot Trends in Probate Litigation, Burlington County Bar Association, Mt. Holly, NJ (February, 2011)
  • Seven Deadly Claims: Estate Claims Practitioners May Not Know About, Heckerling Institute, Orlando, FL (January, 2011)
  • Hot Trends in Probate Litigation, Camden County Bar Association, Haddon Township, NJ (November, 2010)
  • Gifts Gone Wild: Difficulties with Charitable Dispositions, American Bar Association, Philadelphia, PA (May, 2010)
  • Fiduciary Accountings: Exceptions and Hearings, Camden County Bar Association, Cherry Hill, NJ (April, 2010)
  • Estate and Trust Symposium, New Jersey Institute for Continuing Legal Education, Edison, NJ (March, 2010)
  • Hot Trends in Probate Litigation, Burlington Bar Association, Mt. Holly, NJ (March, 2010)
  • Hot Trends and Probate Litigation, Camden County Bar Association, Haddon Township, NJ (December, 2009)
  • Litigation Issues for Estate Planners, American College of Trust and Estate Counsel (ACTEC), NJ Fellows, Woodbridge, NJ (October, 2009)
  • Guide to Surrogate Court and Probate Proceedings, New Jersey Institute for Continuing Legal Education, Voorhees, NJ (June, 2009)
  • Hot Trends in Probate Litigation, Burlington County Bar Association, Mt. Holly, NJ (April, 2009)
  • Estate and Trust Symposium, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (March, 2009)
  • Litigation for the Ethical Estate Planner, Heckerling Institute, Orlando, FL (January, 2009)
  • Disputes as to Charitable Dispositions, New Jersey Institute for Continuing Legal Education, Iselin, NJ (November, 2008)
  • Hot Trends in Trust and Estate Litigation, Estate & Financial Planning Council of Southern NJ, Voorhees, NJ (November, 2008)
  • Litigation for the Ethical Estate Planner, American Bar Association, Washington, DC (May, 2008)
  • Mock Deposition in a Will Contest, Heckerling Institute, Orlando, FL (January, 2008)
  • Hot Trends in Probate Litigation, Camden County Bar Association, Haddon Township, NJ (December, 2007)
  • Key Trends in Probate Litigation, NJ Bankers Association, Jamesburg, NJ (October, 2007)
  • Key Litigation Trends for Corporate Fiduciaries, Corporate Fiduciaries Association of Philadelphia, Philadelphia, PA (February, 2007)
  • Hot Trends in Probate Litigation, Burlington County Bar Association, Mt. Holly, NJ (February, 2007)
  • Hot Trends in Probate Litigation, Camden County Bar Association, Haddon Township, NJ (December, 2006)
  • Measuring Damages in Fiduciary Litigation, American Bar Association, Denver, CO (October, 2006)
  • The “Newer” NJ Probate Code, New Jersey Institute for Continuing Legal Education, Mt. Laurel, NJ (June, 2006)
  • Mock Trial of a Will Contest, Heckerling Institute, Miami Beach, FL (January, 2006)
  • Hot Trends in Probate Litigation, Camden County Bar Association, Haddon Township, NJ (December, 2005)
  • Estate Litigation, New Jersey Institute for Continuing Legal Education, Mt. Laurel, NJ (October, 2005)
  • Guide to Surrogate Court and Probate Proceedings, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (June 2, 2005)
  • The New Probate Code, New Jersey State Bar Association (Annual Meeting), Atlantic City, NJ (May, 2005)
  • Erosion of the Attorney/Client Privilege, American Bar Association, Washington, DC (April, 2005)
  • Writings Intended as Wills, Camden County Bar Association, Voorhees, NJ (April, 2005)
  • Representing Estate & Trust Beneficiaries and Fiduciaries: The Rise of Domestic Partnerships and the Fall of Attorney-Client Privilege, American Law Institute – American Bar Association, New Orleans, LA (February, 2005)
  • “New” New Jersey Probate Code, New Jersey Institute for Continuing Legal Education, Atlantic City, NJ (January, 2005)
  • “New” New Jersey Probate Code for Surrogates of New Jersey, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (January, 2005)
  • “New” New Jersey Probate Code, New Jersey Institute for Continuing Legal Education, Mt. Laurel, NJ (November, 2004)
  • Current Trends in Probate Litigation, Camden County Bar Association, Camden County, NJ (November, 2004)
  • Annual Probate & Trust Law Symposium, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (October, 2004)
  • Estate & Trust Litigation: Will Contests and More, New Jersey Institute for Continuing Legal Education, Mt. Laurel, NJ (October, 2004)
  • Representing Estate & Trust Beneficiaries and Fiduciaries: The Rise of Domestic Partnerships and the Fall of the Attorney-Client Privilege, American Law Institute-American Bar Association, Boston, MA (July, 2004)
  • Current Trends in Probate Litigation, Camden County Bar Association, Camden County, NJ (November, 2003)
  • Annual Probate and Trust Law Symposium, New Jersey Institute for Continuing Legal Education, and New Jersey State Bar Association, New Brunswick, NJ (October, 2003)
  • Hot Issues for Corporate Fiduciaries, Corporate Fiduciaries Association of Philadelphia, Philadelphia, PA (September, 2003)
  • Guide to Surrogate Court and Probate Proceedings, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (May, 2003)
  • Estate Litigation: What Every Estate Planner Should Know About Probate Litigation, American Bar Association: Real Property, Probate & Trust Law Section Annual Symposium, New York, NY (May, 2003)
  • Hot Litigation Topics Every Estate Planner (and Litigator!) Should Know, New Jersey State Bar Association, Orlando, FL (November, 2002)
  • Representing Estate and Trust Beneficiaries and Fiduciaries, American Law Institute- American Bar Association, San Francisco, CA (July, 2002)
  • Fiduciary Accounting Litigation, American Bar Association: Real Property, Probate & Trust Law Section Annual Symposium, San Francisco, CA (April, 2002)
  • Probate and Trust Law Symposium: Diversification of Investments, New Jersey Institute for Continuing Legal Education, and New Jersey State Bar Association, New Brunswick, NJ (March, 2002)
  • Hot Issues for Corporate Fiduciaries, Corporate Fiduciaries Association of Philadelphia, Philadelphia, PA (February, 2002)
  • Fiduciary Accountings, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (December, 2001)
  • Representing Estate and Trust Beneficiaries and Fiduciaries, American Law Institute-American Bar Association, Boston, MA (July, 2001)
  • Representing Estate and Trust Beneficiaries and Fiduciaries, American Bar Association: Real Property, Probate & Trust Law Section Annual Symposium, Washington, DC (April, 2001)
  • Estate and Trust Litigation: Will Contests and More, New Jersey Institute for Continuing Legal Education, Mount Laurel, NJ (December, 2000)
  • Five Hot Trends in Probate, Corporate Fiduciaries Association of Philadelphia, Philadelphia, PA (November, 2000)
  • Representing Estate and Trust Beneficiaries and Fiduciaries, American Law Institute-American Bar Association, Chicago, IL (June, 2000)
  • Semi-Annual Tax & Estate Planning Forum, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (December, 1999)
  • Representing Estate and Trust Beneficiaries and Fiduciaries, American Law Institute-American Bar Association, San Francisco, CA (June, 1999)
  • Will Contests, New Jersey Institute for Continuing Legal Education, Mount Laurel, NJ (October, 1998)
  • Administering Estates in New Jersey, New Jersey Institute for Continuing Legal Education, Mount Laurel, NJ (August, 1998)
  • How to Avoid and Handle Probate Litigation, Corporate Fiduciaries Association of Philadelphia, Philadelphia, PA (May, 1998)
  • Practice Problems In Administering Estates And Trusts, New Jersey Institute for Continuing Legal Education, Cherry Hill, NJ (April, 1996)

 

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