Author: Paul W. Norris
Counsel Fees in Probate Litigation, Even if Unsuccessful
Posted in Probate Litigation
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… Continue reading
Lien Waivers and Their Effect on Receiving Payment
Posted in Construction Litigation
In a recent appellate division decision, the appellate court discussed the effect lien waivers might have on a subcontractor’s right to receive payment in full for the work it performed. In this matter, the plaintiff subcontractors had performed all of their obligations under the contract, however, they had also signed… Continue reading
Timing of Lien Claim
Posted in Construction Litigation
In general, it is well known that commercial construction liens must be filed within 90 days of the last date that a contractor provided materials and/or services for a project. Although this time may appear simple at first to calculate, contractors can often make a mistake concerning the last date… Continue reading
No-Contest Clause in a Will
Posted in Probate Litigation
It is not uncommon for drafters of Wills to include a “no-contest clause” in a decedent’s Last Will and Testament. The purpose of the “no-contest clause” is to provide for the disinheritance of an heir to the estate should they challenge the validity of the decedent’s Last Will and Testament…. Continue reading
Challenging the Transfer of Non-Probate Assets
Posted in Probate Litigation
Suppose a party seeks to challenge a decedent’s last will and testament based upon claims of competency or the improper assertion of undue influence. In that case, this contestant may also seek to challenge the transfer of certain non-probate assets that could comprise either the majority or a substantial percentage… Continue reading
Invalidating a Will Due to Lack of Competency of the Decedent
Posted in Probate Litigation
During a Will contest, there are several different ways that a party seeking to challenge the validity of a Will may attack the document. One of the most common ways is to challenge the decedent’s competency when he/she executed the Will. In essence, the challenge would be that the decedent… Continue reading
Misuse of Estate Funds by Executor of an Estate
Posted in Probate Litigation
Once an individual is appointed as an executor of an estate, they will have access to assets that belong to the estate. Some of these assets may involve liquid funds which the executor can utilize during the administration of the estate to complete this process. Some permissible uses would be… Continue reading
Challenging a Codicil to a Will
Posted in Probate Litigation
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… Continue reading
Enforceability of Arbitration Clauses in a Construction Contract
Posted in Construction Litigation
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,… Continue reading
Counsel Fees in Probate Litigation
Posted 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.
