Author: Paul W. Norris
Ambiguities in a Will – The Doctrine of Probable Intent
Posted in Probate Litigation
In rare instances, during the administration of an estate, there might arise an ambiguity within the language of the decedent’s Last Will and Testament as to how the decedent wished to dispose of his property pursuant to his Will. Should that occur and the beneficiaries are unable to resolve that issue,… Continue reading
How Do I Get a Guardianship
Posted in Trusts & Estates
The purpose of this article is to discuss the general process for being appointed the guardian of a loved one or other family member. The process can be simple or complicated depending upon a multitude of factors. This article will discuss the general process; whereas future articles will explore issues… Continue reading
Red Flags Indicating a Potentially Invalid Will
Posted in Business & Commercial Law, Probate Litigation
When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of this article is to examine potential red flags which could highlight a potential issue… Continue reading
Removal of An Executor of An Estate
Posted in Probate Litigation
Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its beneficiaries. Provided the executor understands his/her duty to the estate and… Continue reading
Defending a Will Contest
Posted in Probate Litigation
If you are the named executor of an Estate, there is the possibility that an action may be brought to challenge the validity of the Will which named you executor. Typically, this process begins with a verified complaint by an individual that seeks to contest the validity of the decedent’s… Continue reading
Injunctive Relief to Prevent Monetary Damages in Estate Litigation
Posted in Probate Litigation
In general, a party is only entitled to injunctive relief if they can demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages, however, in a recent US District Court case, the US District Court decided that injunctive relief was called for… Continue reading
Counsel Fees Under the Prompt Payment Act
Posted in Construction Litigation
If you are a general contractor or subcontractor, you should know the New Jersey Prompt Payment Act. In general, the purpose of this Act is to encourage prompt payment to contractors for the materials and services they provide on a project by imposing potential sanctions, including counsel fees, should payments… Continue reading
Counsel Fees in Probate Litigation, Even if Unsuccessful
Posted in Probate Litigation
In previous blogs, I have discussed an award of counsel fees to a plaintiff who successfully contested a last will and testament. In a recent appellant division decision, the appellate court reviewed an award of counsel fees to a plaintiff who challenged a last will and testament, however, whose challenge… Continue reading
Lien Waivers and Their Effect on Receiving Payment
Posted in Construction Litigation
In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor’s right to receive payment in full for the work it performed. In this matter, the plaintiff subcontractors had performed all of their obligations under the contract, however, they had also signed… Continue reading
Timing of Lien Claim
Posted in Construction Litigation
In general, it is well known that commercial construction liens must be filed within 90 days of the last date that a contractor provided materials and/or services for a project. Although this time may appear simple at first to calculate, contractors can often make a mistake concerning the last date… Continue reading
