Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. We remain open during the shutdown period, so please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

Executor Options for Handling a Will Challenge in Camden County, NJ

Posted on Tue Oct 7, 2014, on Will Contests and Will Challenges

Most Recently Updated Sept. 18, 2017.

From Our “Ask a Question” mailbag: Camden County Will Challenge Caveat.

 

My brother froze my mother’s will at the Camden County Surrogate’s Office. Mom divided her estate equally but put his share in trust. He says he is challenging the Will. I am the executor, but now I can’t file the will. What can I do?”

A Caveat Stops a Will From Being Filed.

First, let me clarify what has happened. Your brother has filed a Caveat with the Camden County Surrogate. By filing a Caveat, any interested party can prevent the Surrogate from immediately accepting a will and giving the executor the power to control the estate assets. When a Caveat exists, any will filed is then held, and the person who filed the Caveat is notified. In theory, the person who filed the Caveat will then go to the Camden County Surrogate’s office to review the will. If they wish to challenge the will, they will then proceed. If they do not wish to challenge the will, they will withdraw the caveat.

So, the will is not “frozen”, but instead it is being held for your brother’s examination.

Defending The Will as an Heir.

As an heir, you are the proponent of the Will. You seem confident that your brother will continue to challenge the Will.  As such, your best option now is to retain an experienced Camden County Will Challenge lawyer. A Will Contest is a serious and complex matter. There are many options available, but the facts of your specific case will determine which path is best. Depending on your brother’s actions, as your attorney, we could file a petition to have the Will accepted despite the Caveat.  Or, this will may move directly into a Will Contest. Either way, you will need some experienced advice moving forward.

Space here doesn’t allow me to give a great deal of detail. So, if you would like more information I encourage you to read my Article, Will Contests Explained for the Non-Lawyer: Everything You Need To Know

Managing The Estate As Executor During a Will Contest.

Given your brother’s hostile stance to the will, I would also expect that he will be more likely to challenge any actions you take as executor. Remember, until you receive a release from all beneficiaries you will continue to be responsible for estate assets. Even if the Caveat matter can be resolved, you will likely need the advice of an experienced Camden County Probate Attorney to help you obtain your release from liability.

Camden County Will Challenge Caveat, Explained.

In conclusion, in this Post, I tried to explain the results of filing a Camden County Will Challenge caveat. Further, I included links to even more detailed information on my website.  So, let me know how I did, comments and questions are welcome!

Furthermore, I would be happy to answer your questions.  If you have any other matters for a Camden County Will Contest Attorney, feel free to contact our office for a free consultation. We try to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

Author, Peter Klenk, Esq.

Tags:

Camden County, Caveat, Glen Ridenour, New Jersey, Will Challenge Attorney, Will Challenge Lawyer, Will Challenges, Will Contest, Will Contest Attorney, Will Contest Lawyer

What Our clients are saying

Klenk Law Logo
Stars

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Klenk Law Logo
Stars

Integrity, exceeding the client's expectations. In-depth knowledge of the law

Klenk Law Logo
Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Klenk Law Logo
Stars

We recently used Peter's firm to update our wills and trusts. We found he and his staff to be well-informed, professional and highly efficient. And equally valuable, Peter explains the law in terms that a layperson can readily understand.

Klenk Law Logo
Stars

I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend

Let us put our expertise to work for you.

Free consultation within 24 hours.