» Estate Litigation
Undue Influence Claims in New Jersey
December 5th, 2017
Undue influence may manifest itself in the physically or mentally unwell person being made to sign a will, power of attorney, deed, beneficiary designation or other document that is otherwise inconsistent with their intentions.
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Demanding an Accounting to Protect Your Rights as a Beneficiary
July 21st, 2017
In New Jersey, any individual with an interest in an estate is entitled to receive an accounting from the person responsible for managing and distributing the estate.
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Responding to an Order to Show Cause in Probate
March 29th, 2017
You have received an order to show cause signed by a New Jersey probate judge or general equity judge. What should you do? This post aims to answer that question.
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Keeping Inter Vivos or Lifetime Gifts
October 21st, 2016
Estate and inheritance disputes may also relate to gifts or transfers of money or property made during a person’s lifetime, which are commonly referred to as inter vivos transfers or gifts.
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Categories: Estate Litigation
3 Exceptions to the Will Contest Deadline
July 7th, 2016
In a prior post, we looked at the general 4 or 6 month period in which a will contest may be filed. This post will focus on three types of exceptions to that general rule that justify the filing of a will contest after the standard deadline.
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Important Attorney's Fees Shifting Opinions Issued By New Jersey Supreme Court
June 9th, 2016
New Clarification on When Attorney’s Fees May Be Shifted The New Jersey Supreme Court recently issued two opinions clarifying the limitations on the exceptions to New Jersey’s general policy against attorney fee shifting. Put simply, in New J…
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Categories: Estate Litigation
Can An Unsigned Will Be Admitted to Probate?
January 12th, 2016
Can an unsigned will be admitted to probate? The short answer is yes, provided that the party presenting the unsigned will can prove that certain exceptions apply. The evidentiary burden to demonstrate that the exceptions apply is a heavy one.
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How Much Time Do I Have to Pursue a Will Contest in New Jersey?
October 29th, 2015
Under the New Jersey Court Rules individuals have a limited opportunity to challenge a will. With certain exceptions, a person seeking to contest a will has 4 months after probate of the will (6 months for persons residing outside of New Jersey).
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The Impact of Fee Shifting Rules on Settlement in a New Jersey Will Contest
August 21st, 2015
In general, when it comes to litigants’ payment of their attorney’s fees, courts in New Jersey follow the “American Rule.” This post will address the exception that applies to estate lawyers in probate litigation in the case of a will contest…
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When a Joint Account Owner Dies, Who Gets the Money in the Joint Account?
July 13th, 2015
The joint titling of accounts can be a complicating factor in the distribution of a deceased person’s assets. As probate lawyers can attest, a dispute can arise as to whether or not a person added to the account is entitled to funds in the account.
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