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.
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.
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.
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).
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…
The key to differentiating between the two types of payment clauses is whether or not the language in the payment provision is absolutely clear that the risk of nonpayment is being transferred downstream... Read More
In New Jersey, the Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25 et seq., dictates the procedure for docketing an out of state judgment, referred to as a “foreign” judgment, in New Jersey. Read More
Bart J. Klein is the Managing Partner and the founder of the Law Office of Bart J. Klein. Mr. Klein’s more than three decades of legal experience informs his analysis of all client issues and concerns. After beginning his career practicing in t… Read More
Terel L. Klein’s practice is focused on civil and commercial litigation. He has varied experience in a broad array of practice areas, including construction litigation, estate litigation, appeals and criminal defense. Upon graduation from law… Read More
Alex W. Klein is Of Counsel to the firm. The focus of his practice is landlord-tenant proceedings, civil litigation, commercial disputes, and labor and employment law. Mr. Klein also has extensive experience representing corporate and individual cl… Read More
Julian Helisek’s practice focuses principally on general commercial litigation matters. He represents plaintiffs and defendants in business disputes from inception through trial and appeal, and has appeared in numerous state and federal court… Read More
We represent clients and appear in courts throughout the State of New Jersey, including the counties of Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union and Warren.
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