Author: Paul W. Norris
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
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
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
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
No-Contest Clause in a Will
Posted in Probate Litigation
It is not uncommon for drafters of Wills to include a “no-contest clause” in a decedent’s Last Will and Testament. The purpose of the “no-contest clause” is to provide for the disinheritance of an heir to the estate should they challenge the validity of the decedent’s Last Will and Testament…. Continue reading
Challenging the Transfer of Non-Probate Assets
Posted in Probate Litigation
Suppose a party seeks to challenge a decedent’s last will and testament based upon claims of competency or the improper assertion of undue influence. In that case, this contestant may also seek to challenge the transfer of certain non-probate assets that could comprise either the majority or a substantial percentage… Continue reading
Invalidating a Will Due to Lack of Competency of the Decedent
Posted in Probate Litigation
During a Will contest, there are several different ways that a party seeking to challenge the validity of a Will may attack the document. One of the most common ways is to challenge the decedent’s competency when he/she executed the Will. In essence, the challenge would be that the decedent… Continue reading
Misuse of Estate Funds by Executor of an Estate
Posted in Probate Litigation
Once an individual is appointed as an executor of an estate, they will have access to assets that belong to the estate. Some of these assets may involve liquid funds which the executor can utilize during the administration of the estate to complete this process. Some permissible uses would be… Continue reading
The Refunding Bond and Release
Posted in Probate Litigation, Trusts & Estates
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 sign. The purpose of this blog is… Continue reading
