Category Archives: Probate Litigation

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Probating a Copy of a Will

Posted in Probate Litigation

When an Executor named under a Last Will and Testament seeks to probate the Will of the Decedent, the original copy containing the original signatures of the Decedent must be submitted to the Surrogate’s Office. What happens, however, if the original copy with the original signatures cannot be located? Under such circumstances, the only option… Continue Reading

Who has Standing to File a Will Contest?

Posted in Probate Litigation

Should a person wish to file a Will contest, the first threshold issue which must be addressed is whether that person has standing to file a Will contest. In general, “standing” means whether a Plaintiff legally has a right to bring a claim to contest a Last Will and Testament in the Court with jurisdiction… Continue Reading

Types of Witnesses During A Will Contest

Posted in Probate Litigation

In ruling upon the validity of a contested Last Will and Testament, there are numerous witnesses whom a Court may hear testimony from in deciding whether to invalidate the will. As is the case in any litigation, fact witnesses who possess relevant knowledge with regard to the facts and allegations set forth in the Complaint… Continue Reading

The Multi-Party Joint Deposit Account Act

Posted in Probate Litigation

In general, the funds within a joint account belong to the account holders and all account holders have the right to the entirety of the account. Should one of the joint account holders pass away, it is generally accepted law that the account would then pass to the surviving account holder(s). Under the Multi-Party Joint… Continue Reading