As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more
5/6/2025
/ Accounting ,
Attorney's Fees ,
Beneficiaries ,
Dispute Resolution ,
Distribution Rules ,
Estate Planning ,
Executors ,
Fiduciary Duty ,
Litigation Strategies ,
Probate ,
Trust Accounting ,
Trust Distributions ,
Wills
Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be...more
In many instances, spouses execute what is referred to as reciprocal wills. What this means is that each spouse designates the other as the entire beneficiary or the primary beneficiary of their estate under their wills....more
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...more
During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...more
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...more
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...more
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...more
Under a Last Will and Testament, a decedent disposes of both their tangible personal property as well as their intangible personal property. Questions might arise in the context of administering an Estate, however, as to...more
When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of...more