Author: Paul W. Norris
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
Challenging a Codicil to a Will
Posted in Probate Litigation
In general, a codicil to a Will is an amendment to a last will and testament. A codicil can amend a Will in numerous different ways. For instance, it can change the amount of any bequests left under a Will and who will receive said bequests. It can also change… Continue reading
Enforceability of Arbitration Clauses in a Construction Contract
Posted in Construction Litigation
In a recent matter before the appellate division, the Court discussed the enforceability of an arbitration clause in a construction contract where the clause did not contain a waiver of the right to file a state court action, nor a waiver of the right of a trial by jury. Furthermore,… Continue reading
Counsel Fees in Probate Litigation
Posted in Probate Litigation
When contesting a Will or defending one that has been offered for probate, a party may incur significant counsel fees. One important question concerns whether the Estate or another party would be responsible for reimbursing this party.
Probating a Copy of a Will
Posted in Probate Litigation
In order to admit a Will to probate with the county surrogate’s office, the original Will, which has the original signatures of the decedent and the witnesses, must be produced. At times, however, the original copy of the Will cannot be located.
Dealing with a Dishonest or Lazy Executor
Posted in Probate Litigation
After grieving the death of a loved one, the decedent’s heirs of the estate must go through the process of administering the will and distributing the decedent’s assets. In order to accomplish this process, an executor of the estate is typically appointed by the will or the heirs of the… Continue reading
The Duty to Account of a Power of Attorney
Posted in Probate Litigation
While most people who are appointed Powers of Attorney understand their general duty to act only within the best interests of the person for whom they are serving as a Power of Attorney, and to not undertake transactions which solely benefit themselves, most of them do not understand their duty… Continue reading
What is a Holographic Will?
Posted in Probate Litigation, Trusts & Estates
When a loved one passes, questions may arise as to who possesses the Decedent’s Last Will and Testament.
New Jersey Lien Law vs. Pennsylvania Lien Law: Notice and Timing Differences
Posted in Construction Litigation
This blog will be the first blog in a series of blogs exploring the main differences between the New Jersey Construction Lien Law and the Pennsylvania Construction Lien Law.