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Guardianship 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 individuals, however, may not...more

Counsel 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 party who commences the...more

Restoring 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 guardianship or to reduce the scope...more

5/10/2024  /  Guardians , Guardianships , Local Rules

Types 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 the State of New...more

4/5/2024  /  Guardians , Guardianships

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 3:00 pm - 4:00 pm PDT

Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...more

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 9:00 am - 10:00 am PDT

Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...more

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 to execute their Last...more

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 arises: What is what is...more

Misappropriation 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 protectable trade secret under NJ...more

Tortious 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 claim of tortious...more

Employee’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 during their course of...more

Enforcing 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 construction lien and to receive...more

The 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, that time frame is...more

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 Court. A defendant’s role is...more

Guardianship vs. Power of Attorney: What Do I Need?

At some point in our lives there may come a time when we need to rely upon another individual to assist us with managing our finances, managing our healthcare, or simply helping us with daily tasks. One question that...more

[Webinar] Estate Planning: Guardianships for Incapacitated Persons - February 28th, 6:00 pm - 7:00 pm ET

Children, elderly relatives, and other loved ones, who suffer from diminished capacity can benefit from surrogate decision making. With the growth of cyber fraud and other forms of manipulation, this issue has become even...more

[Webinar] Estate Planning: Guardianships for Incapacitated Persons - February 28th, 12:00 pm - 1:00 pm ET

Children, elderly relatives, and other loved ones, who suffer from diminished capacity can benefit from surrogate decision making. With the growth of cyber fraud and other forms of manipulation, this issue has become even...more

Ambiguities in a Will - The Doctrine of Probable Intent

​​​​​​​In rare instances, during the administration of an estate, there might arise an ambiguity within the language of the decedent’s Last Will and Testament as to how the decedent wished to dispose of his property pursuant...more

How Do I Get a Guardianship

The purpose of this article is to discuss the general process for being appointed the guardian of a loved one or other family member. The process can be simple or complicated depending upon a multitude of factors. This...more

Tangible vs. Intangible Assets in Estate Administration

Under a Last Will and Testament, a decedent disposes of both their tangible personal property as well as their intangible personal property. Questions might arise in the context of administering an Estate, however, as to...more

Red Flags Indicating a Potentially Invalid Will

When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of...more

Removal of An Executor of An Estate

Once an individual is appointed an executor of an Estate, they are tasked with the proper and timely completion of the administration of the Estate, as well as the distribution of assets and property of the estate to its...more

Termination of Construction Contract for Convenience by Project Owner

In the past, construction contracts could typically only be terminated if there was a breach of the construction agreement by the owner or contractor. Under such scenarios, litigation often arose concerning whether the...more

Counsel Fee Award When Contesting A Will

In general, the party tasked with defending a decedent’s Will during a Will contest, which is typically the executor, is entitled to the reimbursement of counsel fees that they incur in defending the Will on behalf of the...more

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