Klenk Law

New Jersey Will Contests

Posted on Mon Aug 13, 2012, on Will Contests and Will Challenges

Last Updated November 5th, 2017: How to Select The Right Attorney for New Jersey Will Contests.

From our “Ask a Question” mailbag: How do I Select The Right Attorney for New Jersey Will Contests?

How Do New Jersey Will Contests Start?

Any number of reasons may cause a contest. Sometimes a will contest stems from the deceased’s discomfort with death and taxes. This avoidance during lifetime leaves unresolved issues that now only Surrogate’s Court can resolve. Some Will Contests are due to lousy drafting by attorneys not trained and experienced in wills, trusts, and estate planning. Sometimes a dishonest person’s action causes Will Contests. 

As veteran Will Contest Attorneys, we get to see the good, the bad and the ugly side of people. From Sussex County in the North to Cape May County in the south, greed will often raise its ugly head when a weakened person with assets is susceptible to undue influence.

Who Are Parties In a New Jersey Will Contest?

The parties to a will contest may vary. We Will Contest lawyers have represented heirs, descendants, family members who were excluded or received reduced amounts in the Will and charities or other non-profits who the deceased promised a share of the estate. 

Because our Will Contest lawyers focus exclusively on this area of practice, their experience allows us to explain the various options available. We are not reinventing the wheel; will contests are an everyday occurrence for our firm. Before venturing into a Will Contest, you should have a good grasp of the costs and the potential outcomes. Will contests are not for the light-hearted, and they can become expensive.

Some Reasons for New Jersey Will Contests.

In over 20 years of experience, throughout New Jersey our Will Contest Lawyers have seen many reasons for filing will challenges:

  • A person took advantage of another’s weakened intellect and exercised undue influence to their advantage.
  • Suspected forgery.
  • At death, the heirs cannot locate an existing Will.
  • A child or other heir has disinherited altogether or does not receive an expected share of the estate.
  • The Will was signed when the deceased lacked testamentary capacity.
  • Disputes over the terms of an otherwise legitimate Will.
  • Use of fraud or coercion on the deceased.

Why Retain an Experienced New Jersey Will Contest Lawyer

Will contests take place in the Surrogate’s Court and involve procedures and rules that are unique. If you are in the Camden County Surrogate’s Court, the judge applies procedures and regulations unique to any other Camden County Court, and the same is true for the Atlantic County Surrogate Court, the Ocean County Surrogate Court or any other Surrogate Court. Rather than having an attorney reinvent the wheel, why not retain an experienced New Jersey Will Contest Attorney?

Our Will Contest Lawyers are already skilled in obtaining all the necessary medical records, obtaining and consulting with the experts who will testify during the trial, and deposing both friendly and “reluctant” witnesses. A Will Contest trial is a complex undertaking, and you do not want to waste your time and money.

A Will Contest may not necessarily result in a trial. Many Will Challenge cases settle once discovery begins.  Your team assembles records and deposes witnesses. At this point, both parties have a good understanding of the strengths and weaknesses of the case.  Your attorney can often negotiate a settlement if the parties are reasonable. All the more reason to retain an experienced Will Challenge attorney, who understands the subtleties of Will Challenges and can predict likely outcomes. If you don’t know the strength of your case, you will not be able to negotiate well. 

For example, in New Jersey Will Contests even if the Will is found invalid, or a person is discovered to have unduly influenced the deceased, the dishonest person may still have their attorney’s fees paid from the estate. Knowing these things will help increase the chances of settling the will challenge and avoiding a trial.

How to Select The Right Attorney for New Jersey Will Contests.

In conclusion, in this Post, I tried to explain How to select the right attorney for New Jersey Will Contests.  So, let me know how I did.  Comments and questions are welcome!

Throughout our website, you may find more information about Will Contests. Our firm focuses exclusively in the area of estate planning, probate, and the litigation surrounding estate planning and probate including Will Contests and Will Challenges.

If you need assistance with a Will Challenge, please call one of our Experienced Will Challenge Lawyers for a free consultation.

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

Author, Peter Klenk, Esq.

Tags:

Forgery, Forging Wills, Fraud, New Jersey, Surrogate’s Court, Trial, Undue Influence, Will Challenge Attorney, Will Challenge Lawyer, Will Challenges, Will Contest Attorney, Will Contest Lawyer, Will Contests

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