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. While a “no-contest clause” could ultimately have this effect, it can likewise be defeated during a challenge to a Will. Further, if the litigation is…

Recently, the Ninth Circuit Court of Appeals affirmed the decision of Judge Thomas S. Zilly of the District Court of the Western District of Washington in favor of defendant John Doe, a retired police officer accused of illegally downloading and distributing adult content produced by Strike 3 Holdings LLC. [1] Agreeing with the district court’s finding that Strike 3 failed to prove its claim that the defendant pirated its adult films, the Court of Appeals…

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 of the decedent’s assets. The grounds for challenging such transfers may be identical to those pursued in a challenge to a last will and testament,…

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (the “Act”) into law. The Act is a $1.9 trillion economic relief package intended to address the COVID-19 pandemic.…

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 was not mentally competent at the time he/she executed the last will and testament, and therefore, this document is invalid as a matter of law.…

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 retaining counsel to assist with administration, or using assets of the estate to pay any applicable taxes or expenses of the estate. Unfortunately, at times,…

On January 13, 2021, the Supreme Court of New Jersey, in Branch v. Cream-O-Land Dairy, issued an important decision (available here) clarifying the scope of the so-called “good-faith defense” available to employers sued for violating the minimum wage and overtime compensation requirements of the New Jersey Wage and Hour Law (“NJWHL”). The Court’s opinion has significant implications for employers in New Jersey in terms of how they make certain compensation decisions and upon what…