Let’s face it, forcing yourself to contemplate your own demise and make a Will is, to most of us, unsettling at best.  Add to that the need to plan your own funeral and it’s enough for many people to avoid all of it entirely.  » Read More

Following our post about vampire blogs, as the calendar turns to October and we approach Halloween, we’ll take a quick look at another other-worldly topic: how the decedent’s voice is admissible in estate litigation from beyond the grave.

Parties and other witnesses in estate litigation will frequently rely on or reference conversations they claim to have had with the deceased; and the attorney who drafted the document at issue, such as the decedent’s will or trust, is often viewed as a critical witness.  » Read More

In a previous blog post, we discussed the fact that New Jersey law has trended away from a strict interpretation of what it takes to have a valid Will.  For example, a Will is valid in New Jersey if the signature and material portions of the document are in the decedent’s handwriting, a so-called “Holographic Will.”    » Read More

Although the intuitive response to that question would likely be “yes,” that would be incorrect in many circumstances.  New Jersey Law provides that a person may, in a Will, appoint someone to control their funeral and disposition of their remains.  The person appointed can be someone other than the Executor. » Read More

Our last blog entry addressed common ways to contest a Will – lack of testamentary capacity and undue influence.  In this blog entry, we will address how to go about contesting a Will.

The simplest way to contest a Will is by filing a “Caveat.”   » Read More