Author: paulnorris

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 whether an item is classified as tangible personal property or intangible personal property of a decedent. This distinction is often important, as the distribution of an item of significant value can be directly affected by this determination.

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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 this article is to examine potential red flags which could highlight a potential issue with a Will which may lead to its invalidation. While this list is not exhaustive, these red flags tend to be the most frequently encountered issues concerning improperly drafted and/or executed Last Wills and Testaments.

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Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its beneficiaries. Provided the executor understands his/her duty to the estate and seeks appropriate help in this process, the administration of an estate can be timely completed and assets appropriately distributed. Unfortunately, it is not uncommon for issues to arise in the administration of an estate. The below sub-headings address scenarios where an executor could be removed by the Court once an application is filed by a beneficiary of an Estate. This is not an all-inclusive list, but instead, discusses some of the main issues that are typically encountered. Read More about Removal of An Executor of An Estate

In general, the party tasked with defending a decedent’s Will during a Will contest, which is typically the executor, is entitled to the reimbursement of counsel fees that they incur in defending the Will on behalf of the Estate. At times, however, a party who has filed an action to contest a Last Will and Testament may also be entitled to an award of counsel fees provided there was a reasonable and legitimate basis to contest the decedent’s Last Will and Testament. In a recent appellate division case, the court affirmed an award of counsel fees to the contestant of a decedent’s Will for these very reasons.

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In general, a party is only entitled to injunctive relief if they can demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages, however, in a recent US District Court case, the US District Court decided that injunctive relief was called for to preserve monetary assets pending the resolution of a matter. Typically, it is rare to see estate litigation before a US District Court; however, the District Court correctly applied New Jersey law in finding that injunctive relief was appropriate.

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In previous blogs, I have discussed an award of counsel fees to a plaintiff who successfully contested a last will and testament. In a recent appellant division decision, the appellate court reviewed an award of counsel fees to a plaintiff who challenged a last will and testament, however, whose challenge was not successful.

Read More about Counsel Fees in Probate Litigation, Even if Unsuccessful