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.
But, once you have done so, the burden to show that the will is not the result of undue influence shifts to your brother, the proponent. If you are able to meet the initial burden and then your brother’s attorney is not prepared to put on a case, you will win. It sounds like your brother’s attorney is not experienced in will contests.
If you have any other questions about will contests in Camden County, New Jersey, feel free to contact our office for a free consultation with one of our Camden County Will Contest Lawyers.