Legal Question in Civil Litigation in New Jersey

I , as the plaintiff, put a caveat on my father's will. I was his executrix after my mother died. But when he died we discovered a neighbor, 45 years his junior, had taken this position. I put a caveat on the will and filed a complaint, Prose, with the Surrogate's office for probate court to regain executrix and demand account and discovery from this neighbor, the defendant. Well the defendant got an attorney who filed an interim delaying the court date 1 month and answering complaint charges with only "agree" or "denied" written responses. He now places the burden of proof on me. I supplied proof of all the credit card excess spending on gasoline, jewelry purchases, cash advances, excessive checks, etc. Can I still demand an account and discovery for all of these? Will she still have to give answer to the complaints I brought charges on in court in person or only the written given by her attorney? The rescheduled court date is to have to judge demand I remove caveat to allow her to continue to settle my father's estate. She allowed over $28,000 in debts to accumulate and no appraisals were made on his larger estate items nor given when requested. Can she be made to pay them out of his life insurance that she may have taken out on him? Can I appeal a judge's decision to demand removal of my caveat should she choose to and will the original complaint to demand defendand to give an account and discovery as to the condition of the estate still go on at this 2nd court date?


Asked on 7/15/10, 4:57 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You are in way over your head. I do this kind of litigation as a large part of my law practice. You really, really need a lawyer. Please, get a lawyer on this. Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/15/10, 8:13 am
John Corbett Corbett Law Firm LLC

I agree with Mr. Davies. As your questions reveal, this is a very complex matter and you do not have much of a chance of getting a successful result without involving a lawyer to represent you. � See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/15/10, 10:07 am


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