Author: Paul W. Norris
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
Restoring Capacity: Terminating or Amending a Guardianship
Posted in Probate Litigation
In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the guardianship or to reduce the scope of the guardianship. Such an action is called a restoration of capacity action and is… Continue reading
Types of Guardianships in New Jersey
Posted in Probate Litigation, Trusts & Estates
If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in the State of New Jersey. This knowledge will empower you to make informed decisions. In general,… Continue reading
Capacity to Execute a Last Will and Testament
Posted in Probate Litigation
When an individual executes a Will near the end of their lives, or at a time that they are suffering from emotional or physical trauma, a question may arise whether the decedent had sufficient capacity to execute their Last Will and Testament. As such, it is important to evaluate their… Continue reading
What is Undue Influence in the Context of a Will Contest?
Posted in Probate Litigation, Trusts & Estates
During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is undue influence and how can it be demonstrated? This blog… Continue reading
