Author: Paul W. Norris
Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea
Posted in Probate Litigation
In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign a power of attorney. Unfortunately, I have heard… Continue reading
The Omitted Spouse Claim Against an Estate
Posted in Probate Litigation, Trusts & Estates
Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be entitled to a share of the decedent’s estate pursuant to the omitted… Continue reading
Elective Share of Surviving Spouse
Posted in Probate Litigation, Trusts & Estates
In many instances, spouses execute what is referred to as reciprocal wills. What this means is that each spouse designates the other as the entire beneficiary or the primary beneficiary of their estate under their wills. What happens, however, if a surviving spouse was not provided for under their deceased… Continue reading
Does Filing a Construction Lien Guarantee Payment?
Posted in Construction Litigation
I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will guarantee the payment of the amount which is due to them. This… Continue reading
The Economic Loss Doctrine’s Preclusion of Tort Claims Related to a Breach of Contract
Posted in Litigation
In the context of a breach of contract action, one very important, often misunderstood, legal doctrine is the economic loss doctrine. In general, the purpose of this legal doctrine is to prevent a breach of contract case from devolving into a creative pleading contest, which can become unnecessarily cluttered with… Continue reading
The Refunding Bond and Release
Posted in Probate Litigation, Trusts & Estates
What is a Refunding Bond and Release? If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The logical question that will arise is what exactly you are being asked to… Continue reading
Construction Liens – What is a Lien Fund?
Posted in Construction Litigation
Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a construction lien. In general terms, a lien claimant is only entitled to payment from the project owner if… Continue reading
The Executors’ Duty to Timely Administer an Estate – When Do I Get My Distribution?
Posted in Probate Litigation
As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an executor might take a substantial period of time. Often, the question begs what constitutes a “reasonable” period… Continue reading
Guardianship for a Special Needs Child
Posted in Probate Litigation
As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many individuals, however, may not understand the importance and necessity of completing this process. While your child… Continue reading
Counsel Fees in a Guardianship Action
Posted in Probate Litigation
In most civil actions in the State of New Jersey, parties are responsible for the payment of their own counsel fees subject to limited exceptions. In the context of a guardianship action, however, the party who commences the guardianship action may be entitled to the payment of their counsel fees… Continue reading
