» Estate Litigation

Undue Influence Claims in New Jersey

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. Read More
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Demanding an Accounting to Protect Your Rights as a Beneficiary

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. Read More
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Responding to an Order to Show Cause in Probate

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. Read More
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Keeping Inter Vivos or Lifetime Gifts

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. Read More
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3 Exceptions to the Will Contest Deadline

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. Read More
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Important Attorney's Fees Shifting Opinions Issued By New Jersey Supreme Court

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… Read More
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Can An Unsigned Will Be Admitted to Probate?

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. Read More
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How Much Time Do I Have to Pursue a Will Contest in New Jersey?

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). Read More
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The Impact of Fee Shifting Rules on Settlement in a New Jersey Will Contest

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… Read More
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When a Joint Account Owner Dies, Who Gets the Money in the Joint Account?

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. Read More
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