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15 Oct, 2015

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

From our “Ask a Question” Mailbag: Camden County Undue Influence Will Contest

Most Recently Updated July 22, 2018.

“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?”

Will Contests

Camden County Undue Influence Will Contest

Camden County Undue Influence Will Contest

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.

Further Will Contest Questions?

Will challenges due to undue influence is one part of the Will Contest process. By all means, if you want to learn more, please read my more detailed article, Will Contests and Will Challenges All You Need to Know.

In Conclusion: Camden County Undue Influence Will Contest

I hope that this article was helpful in explaining undue influence. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Will Contest Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Will Contest Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.

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

Tags: Camden County, contest, Estate Litigation, New Jersey, Undue Influence, Will Contest, Will Contest Attorney, Will Contest Lawyer

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Peter Klenk is the founding member of Klenk Law, a seven-attorney boutique estate planning law firm. We serve clients in Pennsylvania and New Jersey. Peter Klenk received his Master’s in Taxation, LL.M., from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!

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