The purpose of this blog is to discuss the first steps an executor should consider if a Will contest is filed either immediately before or after they are appointed an executor an Estate. When a Will contest is filed it is usually commenced by the filing of a verified complaint, which will set forth the rationale by which the party challenging the Will seeks to invalidate it. As discussed in some of my previous blogs, the two main challenges will either be lack of testamentary capacity of the decedent, or undue influence asserted by a person over the decedent who is a beneficiary under the Will.
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Challenging a Codicil to a Will
In general, a codicil to a Will is an amendment to a last will and testament. A codicil can amend a Will in numerous different ways. For instance, it can change the amount of any bequests left under a Will and who will receive said bequests. It can also change who is to serve as the executor of the estate, or other issues related to the administration of the estate. Finally, its purpose may be to add a personal property distribution list. In essence, a codicil to a Will can amend virtually all of the terms of a last will and testament. Often, a person will simply seek to sign a new last will and testament in lieu of a codicil, however, there is nothing improper about utilizing a codicil to effectuate an amendment to their estate plans.
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When Will I Get My Inheritance?
As they say, the only two certainties in life are death and taxes. At some point we will all mourn the loss of a loved one. Once the mourning is completed, questions may arise whether the decedent had a last will and testament under which you might be a beneficiary. If so, the question may then become when might you receive your inheritance. This question is frequently raised, however, the answer is not as simple as some might believe.
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N.J. Prompt Pay Act and Piercing the Corporate Veil
In a recent appellate decision, the court discussed the N.J. Prompt Pay Act, a fraudulent inducement claim and piercing the corporate veil with regard to a subcontractor’s claims against a general contractor. In finding in favor of the sub-contractor, the court applied the N.J. Prompt Pay Act and a fraudulent inducement claim in order to pierce the corporate veil of the contractor who had declared bankruptcy.
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Enforceability of Arbitration Clauses in a Construction Contract
In a recent matter before the appellate division, the Court discussed the enforceability of an arbitration clause in a construction contract where the clause did not contain a waiver of the right to file a state court action, nor a waiver of the right of a trial by jury. Furthermore, the court also reviewed the enforceability of the clause due to the fact that the font was less than 10-point print, and thus, was very difficult to read.
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Counsel Fees in Probate Litigation
When contesting a Will or defending one that has been offered for probate, a party may incur significant counsel fees. One important question concerns whether the Estate or another party would be responsible for reimbursing this party.
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Probating a Copy of a Will
In order to admit a Will to probate with the county surrogate’s office, the original Will, which has the original signatures of the decedent and the witnesses, must be produced. At times, however, the original copy of the Will cannot be located.
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Dealing with a Dishonest or Lazy Executor
After grieving the death of a loved one, the decedent’s heirs of the estate must go through the process of administering the will and distributing the decedent’s assets. In order to accomplish this process, an executor of the estate is typically appointed by the will or the heirs of the estate. Hopefully, the distribution of the estate goes smoothly, but at times, issues arise if the executor is either dishonest or fails to perform the duties required of an executor. The question then becomes, “What can be done in order to force the proper administration and distribution of the estate?”
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Construction Contracts During a Pandemic
In the current economic climate, due to the pandemic that has enveloped our nation, a contractor needs to make certain that the contractual terms of a construction contract properly address the issues which they might face during this highly unusual situation.
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Intestate Estate: Dying Without a Will
Although many of us have estate plans well in advance of the time that we pass, it is not uncommon for an individual to die without having a last will and testament. This can often happen if the person who passes is younger, the death happens at an unexpected time, or is due to an unexpected event.
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