Probate Litigation
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.
Attempting to Probate a Copy of a Will
Posted in Probate Litigation
This blog will explore the possibility of probating a copy of a Decedent’s Will if the original document cannot be located. Typically, the County Surrogate will only accept for Probate an original of a Decedent’s Last Will and Testament. If for some reason an original of a Decedent’s Will cannot… Continue reading
Probating a Copy of a Will
Posted in Probate Litigation
When an Executor named under a Last Will and Testament seeks to probate the Will of the Decedent, the original copy containing the original signatures of the Decedent must be submitted to the Surrogate’s Office. What happens, however, if the original copy with the original signatures cannot be located? Under… Continue reading
Undue Influence in a Will Contest
Posted in Probate Litigation, Trusts & Estates
One of the potential causes of action pursuant to which a party may seek to invalidate a Will is based upon an allegation that undue influence was exerted against the Decedent by a beneficiary to the disputed Will.
Common Pitfalls Made by Executors of Estates
Posted in Probate Litigation
Typically, the Executor of an Estate named by a Will has little or no prior experience in administering an Estate. As such, this somewhat complex process lends itself to the possibility of errors being made by the Executor or Executrix which could result in litigation. The purpose of this blog… Continue reading
The Elective Share of Surviving Spouse
Posted in Probate Litigation
Under New Jersey Law, a surviving spouse or domestic partner may be entitled to an elective share of their spouse’s or partner’s Estate, pursuant to N.J.S.A. 3B:8-1, in lieu of a distribution under their Will. Pursuant to the Elective Share statute, a spouse or domestic partner may take their share… Continue reading
Joint Checking Accounts: Are Your Heirs at Risk?
Posted in Probate Litigation
In recent years, a common issue that a growing number of individuals face is how to care for themselves as they age. Healthcare, finances, and even routine errands can pose a significant challenge. Proper planning can ease the burden, but improper planning can create significant risks for both you and… Continue reading
“Release and Refunding Bond” and the Right to an Accounting
Posted in Probate Litigation
Prior to receiving a distribution from an Estate, the Executor will often require a beneficiary to sign a “Release and Refunding Bond.” Continue reading
Drafting a Will for a Family Member
Posted in Probate Litigation
Often times, attorneys may be bombarded by family members or relatives with requests to provide free legal services which a family member or relative may request. One typical request might be that a family member may request if the attorney could draft a Will for them. While this may seem like a simple and good idea, it is one that could have disastrous consequences which could lead to future Estate Litigation. Continue reading
