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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →