Probate Litigation
The Short Time Period to Contest a Will
Posted in Probate Litigation
In most civil litigation in the state of New Jersey, the time to file a cause of action ranges from approximately one year to six years, with some exceptions. Regarding filing a Will Contest, however, that time frame is dramatically shorter. It is crucial that if you are considering contesting… Continue reading
Shifting the Burden of Proof During a Will Contest
Posted in Probate Litigation
In virtually all litigation, the party that commences the lawsuit, typically referred to as the plaintiff, bears the burden of proof to establish his/her claims for which they seek relief from the Court. A defendant’s role is essentially to defend against a plaintiff’s allegations without an affirmative obligation to prove… Continue reading
Guardianship vs. Power of Attorney: What Do I Need?
Posted in Probate Litigation
At some point in our lives there may come a time when we need to rely upon another individual to assist us with managing our finances, managing our healthcare, or simply helping us with daily tasks. One question that typically arises concerns what is the best arrangement to enter into… Continue reading
Duty of Power of Attorney to Account
Posted in Probate Litigation
It is very typical for a parent or spouse to grant another individual, which is usually a family member, a power of attorney to assist them should there arise a time when they become either mentally incapacitated or physically unable to attend to necessary tasks in their lives. Although powers… Continue reading
Execution of a Will on the Testator’s Deathbed
Posted in Probate Litigation
It is not uncommon for testators to execute Wills or to change existing ones close to the time of their death. What is more unusual, however, is when Wills are signed merely days or even hours immediately prior to their death. Under such circumstances, it renders it likely that a… Continue reading
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
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
