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Tag: Will Contest

15 Oct, 2015

What if I think my brother used undue influence to change my father’s will?

From our “Ask a Question” mailbag: My brother used undue influence on my father — who suffered from Alzheimer’s — to change his will. I have filed a will contest in Camden County. My brother’s attorney is not doing any work, as he says the burden is on me. Is he correct?

When you are the challenger in a will contest the initial burden of proof is on you to show that the will was created under undue influence. An experienced will contest lawyer can explain this burden to you, as it is a bit too complex for a blog post.

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17 Aug, 2015

What is the time limit to contest a will in New Jersey?

From our “Ask a Question” mailbag: My brother has filed a will with the Surrogate that I believe is not my mother’s will. I want to contest the will, but how long do I have to file the will challenge?

Once the will is filed and accepted by the Surrogate, to challenge the will you must have a complaint filed in the proper format with the New Jersey Superior Court Clerk. If you are a New Jersey resident, you only have four months to file the complaint. if you live outside New Jersey, you have six months.

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I've been through the process of creating and revising estate documents several times over the years and it's never been easier than it was with Peter Klenk. Always available and a master at explain arcane tax and legal issues in plain English for "dummies". I recommend the firm without reservation.

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Michelle Schamis

Peter explains things in a practical way to help guide you through a rather daunting process. We have been using Klenk Law for years. Highly recommend.

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