Klenk Law

What Are the Basis for a Burlington County Will Contest

Posted on Sun Feb 24, 2019, on Will Contests and Will Challenges

From Our “Ask a Question” Mailbag: “What Are the Basis for a Burlington County Will Contest.”

What Are the Grounds for a Will Contest

Will Contest Lawyer, Glen Ridenour.

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!

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

Tags:

Glen Ridenour, Will Contest, Will Contest Attorney, Will Contest Lawyer, Will Contests

What Our clients are saying

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter was excellent. He explained everything very clearly and is super friendly. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional.

Stars

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Stars

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Stars

Great friendly staff

Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Stars

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Stars

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Stars

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Stars

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

Stars

Answered my question quickly and referred me to a colleague that could handle my problem

Stars

Mr. Klenk, quickly understood the circumstances presented and provided clear and concise advice. This advice provided me with the information I required to progress the case to my advantage.

Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Stars

Peter recently gave a presentation about Wills & Trusts at my employer, and it was fantastic! He was extremely knowledgeable and provided valuable information to the group. People were very engaged and asked several questions, all of which Peter thoroughly answered. Personally, my husband and I have selected Peter to help us with our estate planning, and he has been very helpful in providing us with all of the information we need to provide a secure future for our family. Thank you, Peter!

Stars

Peter provided outstanding advice and preparation of a will and trusts.

Stars

Peter explained things in a way that was easy to understand. Everything was done in the time frame he said it. Could not have been better!

Stars

You & your staff are the best thank you for everything.

Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Stars

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Stars

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

Stars

Fantastic customer service. Very personable and most importantly they provide great explanations of what is required based on your individual needs. Highly recommend Klenk Law for anyone that needs to create a will and estate documents.

Stars

Always professional and very responsive. Everyone on the staff that I have worked with. I look forward to continuing our relationship.

Stars

Surprisingly easy

Stars

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Stars

Peter and his associates made things easy for us.

Let us put our expertise to work for you.

Free consultation within 24 hours.