From Our “Ask a Question” Mailbag: “What Are the Basis for a Burlington County Will Contest.”
What Are the Grounds for a Burling County Will Contest:
To contest a will, you must have standing and a case theory. Feeling wronged, or being left out of a Will by itself isn’t enough. The basis for a case can be difficult to understand and technical. To help you understand, I am providing you with some examples. Further, I am offering you links to more detailed pages within my website. I hope you find this helpful!
Burlington County Undue Influence.
- Mr. Moorestown suffers from cancer. In his 80s, the medical complications and his age have conspired to reduce his ability to care for himself. Each week he begins to rely more on his daughter Laurel. Laurel provides the care but then starts to resent her other siblings who are not helping as much. She obtains a form power of attorney and demands that Mr. Moorestown gives her control over his assets. Feeling he has no other options, Mr. Moorestown signs the document. Laurel uses this power of attorney to sell her father’s car, rental properties, and home. She moves him into her house. Concerned, the other children try to contact their father, but Laurel refuses to provide access. Laurel then writes a will for her father’s signature. She tells him that if he doesn’t leave everything to her, she will stop providing him care. Afraid that he will be left alone, Mr. Moorestown signs the will. At his death, Laurel files this will and claims the entire estate.
- If the former will divides the assets between all children, then each child has the right to have their Will Contest Lawyer file a Will Contest. In this case, the basis is Undue Influence. Undue Influence exists when a person uses their position of power over the deceased to influence him to benefit the influencer in a way that the deceased otherwise would not have done.
Burlington County Lack of Capacity.
- Mrs. Maple Shade suffers from Alzheimer’s. The disease has progressed to the point she no longer remembers her children’s names. Further, she no longer can identify her assets. Mrs. Maple Shade’s son, Riverside, writes up a will giving him all assets. During a visit, he has his mother sign the will. At her death, Riverside claims the estate.
- Riverside’s sister Fortdix, who is serving overseas in the Army, will likely have her Will Challenge Attorney file a Will Contest. Under these facts, the basis will be Lack of Capacity. Her Will Contest Lawyer will strive to prove that Mrs. Maple Shade at the time she signed the will could not rightfully sign a will.
Who May Bring a Will Burlington County Will Contest?
Any interested person can pursue a Will Contest. A person is an interested party if the proposed will reduces them financially.
- Birmingham’s father, Tabernacle, excluded him from several wills over 20 years. They had a falling out over the family stamp collection. At his deathbed, Tabernacle executes a final will which also excludes Birmingham and gives everything to the North Hanover Township to pay for the upkeep of their public baseball fields. Birmingham cannot successfully challenge this will as, if it were found improper, does not benefit him in any way. Should this will be found invalid, the funds pass by the former will. The prior will also give Birmingham nothing. Birmingham has no standing to challenge.
Follow this link to learn more about what who can bring a will contest.
In Conclusion: Examples of Who May Bring a Burlington County Will Contest.
I hope these Examples of What are the Grounds for a Burlington County Will Contest were useful. We are always happy to brainstorm with you about your own, unique situation.
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 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 make the process as painless as possible!
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