Most Recently Updated Sept. 18, 2017.
From Our “Ask a Question” mailbag: Explain a Camden County Will Challenge.
“My mother died last week in Camden County, NJ. My sister announced at the funeral she has my mother’s Will, and everything goes to my sister. This sister moved into the house two years ago when she lost her job. I know this cannot be true. My mother’s Will has always divided everything equally between all of us children. If my sister has a Will, she must have somehow tricked or coerced my mother into signing it. I want to contest this will; if it even exits. Can you explain how a Camden County Will Challenge works?”
Most people are honest, but some people are not. Sometimes you need to stand up to those who are dishonest.
The Statute of Limitations; You Must Act, or Your Rights Are Lost.
Time Limits, four months or 6 months: If you want to launch a Will Challenge, act quickly, or you may lose your chance for challenging the Will. If you are a New Jersey resident, you only have four months to file your petition, or if you are a non-New Jersey resident, you have just six months. The law bars you if you delay from filing your Will Challenge, and a wrong might go undiscovered. It would be even better if you contact us before the Will’s filing, as our Will Challenge Lawyers might be able to prevent the Will’s filing with the Surrogate.
How Does a Camden County Will Challenge Start?
Before your sister files this Will, I suggest that you quickly consult an experienced Will Contest Attorney. Before the Will’s filing, it might prove strategically advantageous to file an Informal Caveat. This caveat will at least temporarily prevent your sister from gaining control. I will need more information before I can advise a course of action, but filing the informal caveat is often a good strategy. This delay gives you the chance to review the Will and determine if you wish to challenge and, if so, on what terms.
For example, given the limited information your case might include an Undue Influence Will Contest, a Duress or Coercion Will Challenge, or even a Forgery Will Challenge. The more information we can gather, the more focused we can be.
A Camden County Will Contest Begins With a Petition.
If after reviewing the Will you decide you wish to proceed, it is time to craft the petition. All Will Challenges launch with a well-crafted petition challenging the Will’s validity. You build the case based on this appeal. It is your foundation. Prepare the Petition correctly or risk waiving essential positions. Therefore, attorney experience is vital.
Initially, the Burdon is the Challenger.
The burden will be on you to prove your case. There are specific elements to establishing a Will Contest. The judge will order discovery. You will need an experienced attorney to gather evidence through depositions and subpoena. At trial, your attorney submits the evidence under Rules of Evidence. This process takes time to learn. Experience is vital for your case.
Camden County Will Challenge, Explained.
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.
In conclusion, in this Post, I tried to introduce you to the process of pursuing a Camden County Will Contest. 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 Challenge 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.