Legal Question in Appeals and Writs in New Jersey

motion for order vacating order, dismissing notice of appeal and reinstating not

A friend lost his wife to cancer, they had a Will, all of it going to the spouse. 2 weeks before her death, she stayed over her sister's house, during that time while under lots of medication the sister went to her lawyer and made a new Will and had his wife sign the Will giving all the money home... to her sister. Husband & wife were together for 16 years happy years. This matter went to court and the husband eventually prevailed. The sister filed an appeal with the Court for the Estate to pay her legal fees of $90,000. The court dismissed her appeal because she did not file the proper paperwork in time (she does not have an attorney representing her anymore and the reason she had the Will changed into her name was she needed the money, there are tax liens held against her and her husband) She then filed a motion for order vacating order, dismissing notice of appeal and reinstating notice. Here is our problem, we cannot afford an attorney because there is no money left in the estate and we need to answer this motion. We need to get the Court to dismiss this case forever, but we also have to answer back regarding her motion ASAP. How do we go about using the right language for the answer, we need help


Asked on 4/02/03, 11:08 am

1 Answer from Attorneys
Durrell Ciccia Durrell Wachtler Ciccia, Esq.

Re: motion for order vacating order, dismissing notice of appeal and reinstating

The Appellate Division is not a good place to try to represent yourself. The procedural rules are strictly enforced. If she filed a motion without a brief & transcript request, they will not entertain the motion.

You can call the Appellate Division clerk's office. They are very helpful with procedural issues, but cannot give you legal advice. You can also go to the judiciary's website for forms and information:

http://www.judiciary.state.nj.us/appdiv/index.htm

Based on your limited post, I find it hard to believe that she has any basis to ask for fees if the lower court found the "new" will invalid.

Best of Luck.

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Answered on 4/02/03, 12:14 pm


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