How do I implead a third party defendant?

UPDATED: Jun 24, 2012

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How do I implead a third party defendant?

I am the executrix of my father’s estate. My mother was the original beneficiary of his life insurance policy but it was changed to someone who claims to be my father’s son. Since both my mother and he filed adverse claims, the insurance company filed an interpleader complaint. I have a witness that says the current beneficiary’s mother blackmailed my father for money. Can I implead the beneficiary’s mother for extortion? I have Power of Attorney for my mother, because her English is limited. Is there any creative, legal recourse for the adultery? I want to help my mother sleep at night.

Asked on June 24, 2012 under Insurance Law, New Jersey


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to hire an attorney at this point to represent the estate and pull in the mother as another defendant and/or subpoena this individual for records. Use of undue influence can be a serious crime especially if it involves extortion so you do not wish to mess with it. An experienced attorney who has dealt with matters of undue influence will be your best direction.

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