New Jersey and Attorney Fees in Estate Litigation

Charles Huberty (J.D. Candidate, Rutgers University School of Law-Newark) recently authored a note entitled No Good Deed Goes Unpunished: The Impact of New Jersey Court Rule 4:42-9(A)(3) on Attorney Fees in Estate Litigation, 60 Rutgers L. Rev. 769 (2008).

Here is an excerpt from the Introduction:

The purpose of this Note is not to criticize the current attorney fee allocation system under Rule 4:42-9(a)(3).  Rather, this Note seeks to promote an alternative regime that has found success in other jurisdictions for decades.  Antemortem probate will help alleviate the incidence and impact of frivolous suits attacking the validity of a will, which may disastrously exhaust the funds of an estate, by removing the incentive and opportunity to bring these suits in the first place.