Frivolous Sanctions are Rarely Awarded in the Estate Litigation Context In a recent unpublished opinion (Cole v. Winnicki, Docket No. L-1449-11(App. Div. 2014), the New Jersey Appellate Division declined to sanction a Plaintiff who filed an action against her former firm, finding lack of evidentiary support for the claim. A claim is deemed frivolous in this context if there is no rational argument which can be advanced in support of the claim, or it is not supported by any credible evidence, or is completely untenable. If a claimant can justify a claim with any rational basis, frivolous sanctions will be denied. An analysis of the applicable law to the alleged facts is certainly before any motion for frivolous sanctions is filed.
In the Matter of the Estate of Edward A. Cantor, Deceased, 2011 N.J. Super. Unpub. ____ (Docket No.: A-3819-08T2) (App. Div. 2011). On appeal from the Superior Court of New Jersey, Chancery Division, Probate Part, Morris County. Before Judges Cuff, Sapp-Peterson and Simonelli.
Choosing an attorney to represent you in an estate litigation can make a world of difference in whether a case is destined for a swift resolution or mired down in the legal process and the attendant fees and costs associated with a lengthy litigation process.