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Scura, Wigfield, Heyer, Stevens & Cammarota Blog

How to Prove a Will Was NOT Made of the Deceased’s Own Free Will

In the typical will contest, a party seeks to invalidate a decedent’s will due to an alleged lack of testamentary capacity and/or undue influence. The battle is often exclusively fought on these two fronts. For purposes of this article, we shall assume there exists a will meeting New Jersey’s statutory formalities. The good news for those seeking to invalidate a will is that proving either lack of testamentary capacity or undue influence is sufficient to prevail. The bad news is that you must overcome the legal presumption that a testator is of sound mind and competent when he or she executed the will.

Ask a Lawyer: How is Alimony Determined in New Jersey?

Unlike child support, alimony in a New Jersey divorce is decided based on many different criteria, including the following:

Child Support Obligations in Consumer Bankruptcy

Bankruptcy can help an individual get caught up on missed child support payments (often called "arrears"). Child support is priority debt and non-dischargeable, meaning the debt cannot be wiped out through bankruptcy. Any desired adjustment in payment must be completed through the family court by revising the child support order.

Should You File Bankruptcy Before or After a Divorce?

It is well known that the leading cause of divorce is money....or rather the lack of money.  What I have come to learn after meeting with many divorced debtors in my bankruptcy practice, is that the opposite is true as well:  Divorce is often one of the leading causes of a person needing to file for bankruptcy protection.  Almost every recently divorced debtor that I have met with have said that their finances are a mess due to the divorce.   The same debts which may have propagated the filing for divorce are now doubly troublesome:  Generally post-divorce only one spouse is making payments on the debt, there is only one source of income, and to top it off, there are those lawyer fees incurred during the marital action.

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