The Confusing and Conflicting Supreme Court Rulings Involving Attorneys' Fees in Probate Litigation

February 1, 2012

Jordan S. Weitberg

New Jersey Lawyer Magazine

Jordan S. Weitberg


While probate litigation is rarely a focus of the New Jersey Supreme Court’s docket, in recent years there have been an unusually high number of cases decided by the Court concerning the shifting of attorneys’ fees in probate matters. In these cases, the Court has taken a close look at whether it is appropriate to craft an exception to the American Rule.

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