Blog Archives

A will which on its face appears to be validly executed, may be set aside if it is tainted by undue influence

Posted in *All Posts, Last Will & Testament, Will & Testament

If the devise be upon terms which are capable of being enforced in equity, and the gift be accepted, equity will compel compliance with the conditions annexed to it

Posted in *All Posts, Counsel Fees, Probate, Will & Testament

A decision regarding an executor’s commission is committed to the discretion of the trial court

Posted in *All Posts, Probate, Will & Testament

A parent may lose his or her right to intestate succession if the parent abandoned the decedent when he or she was a minor

Posted in *All Posts, *Published case, Loss of Parental Rights, Parental Rights, Probate

An executor lacks standing in litigation involving the estate until the will has been probated

Posted in *All Posts, Divorce, Equitable-distribution, Litigation, Probate

Notions of issue and claim preclusion are not always tightly applied in probate matters

Posted in *All Posts, Entire Controversy Doctrine, Litigation, Probate, Will & Testament

Except in a weak or meretricious case, courts will normally allow counsel fees to both proponent and contestant in a will dispute

Posted in *All Posts, Counsel Fees, Probate, Will & Testament

If a claimant received timely notice of probate proceedings, there is no cause of action for tortious interference with an anticipated inheritance outside of a will contest

Posted in *All Posts, Last Will & Testament, Probate, Torts, Will & Testament

New Jersey law does not prohibit the disinheriting of an adult child

Posted in *All Posts, Last Will & Testament, Will & Testament

A contingent devise does not have a cause of action for tortious interference with their anticipated inheritance when the testator/devisor sold the property during his life

Posted in *All Posts, Last Will & Testament, Will & Testament

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Email: Paul@Kostro.com
Fax: 908-232-2277
www.KostroLaw.com
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