Shifting the Burden of Proof During a Will Contest
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...
View ArticleThe Short Time Period to Contest a Will
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,...
View ArticleEnforcing a Construction Lien
Now that you have successfully filed your construction lien claim, whether the lien involves a commercial or residential property, the next logical question is what must be done to enforce the...
View ArticleEmployee’s Duty of Loyalty to Employer
While everyone is undoubtedly aware that an employee is not lawfully permitted to steal from his/her employer, the next logical question concerns what specifically are an employee’s legal obligations...
View ArticleTortious Contractual Interference in New Jersey
In a free-market economy, competitors can generally pursue prospective clients in any fashion as long as the pursuit does not run afoul of the law. At times, however, this pursuit could give rise to a...
View ArticleMisappropriation of a Trade Secret in New Jersey
In the business world, a company might have information, a process, a technique, or a design that they consider to be a trade secret. The question is whether the aforementioned constitutes a...
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What is Undue Influence in the Context of a Will Contest?
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...
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Capacity to Execute a Last Will and Testament
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...
View ArticleTypes of Guardianships in New Jersey
If you are considering seeking a guardianship of an individual or have been named as an interested party to such an application, it’s crucial that you understand the types of guardianship that exist in...
View ArticleRestoring Capacity: Terminating or Amending a Guardianship
In some instances, even after an individual is deemed incapacitated and a guardian is appointed, an application may be subsequently filed by the incapacitated person to either terminate the...
View ArticleCounsel Fees in a Guardianship Action
In most civil actions in the State of New Jersey, parties are responsible for the payment of their own counsel fees subject to limited exceptions. In the context of a guardianship action, however, the...
View ArticleGuardianship for a Special Needs Child
As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many...
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The Executors’ Duty to Timely Administer an Estate – When Do I Get My...
As a beneficiary of an estate, you may be expecting to receive your inheritance in a timely fashion. Unfortunately, the process to properly administer an estate prior to distributions being made by an...
View ArticleConstruction Liens – What is a Lien Fund?
Although many contractors have never heard of the expression “lien fund” having an understanding as to what this phrase means is crucially important in the context of seeking payment pursuant to a...
View ArticleThe Refunding Bond and Release
What is a Refunding Bond and Release? If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The...
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