Wednesday, October 20, 2021

Injunctive Relief to Prevent Monetary Damages in Estate Litigation

Estate planningGenerally, a party is only entitled to injunctive relief if they can “demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages. . .”

However, the US District Court recently decided that injunctive relief was necessary to preserve monetary assets pending the resolution of the matter. Though it is rare to see estate litigation before a US District Courts the Court applied New Jersey law to reach its holding that injunctive relief was appropriate.

The US District Court found that “the decedent had improperly taken a large sum of money from the party who had brought the litigation” after the plaintiff discovered that the decedent’s estate was going to sell a parcel of property. The plaintiff moved for an injunction requiring the proceeds from the sale to be held in escrow. The District Court found that injunctive relief was necessary to “preserve the status quo and prevent the dissipation of these assets prior to a ruling on the merits.”

The Court further concluded that the plaintiff would suffer irreparable harm should the assets be distributed before the conclusion of the lawsuit.

The District Court’s decision indicates that courts may impose injunctive relief in order to protect monetary assets.

See Paul W. Norris, Injunctive Relief to Prevent Monetary Damages in Estate Litigation, Stark & Stark Attorneys at Law: New Jersey Law Blog, October 12, 2021.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2021/10/injunctive-relief-to-prevent-monetary-damages-in-estate-litigation.html

Estate Administration, Estate Planning – Generally, New Cases | Permalink

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