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A Will Challenges Law Firm Cherry Hill, NJ Offers Free Consults

What is the process for contesting a will?

If someone passed away and left a will, but you or someone else wishes to contest the will, you may be wondering how that process works. A will challenges law firm Cherry Hill, NJ offers such as Klenk Law can guide you through the legal proceedings and protect your best interests. A successful will contest can significantly impact those involved. Both the contestant and the other heirs may fell the impact. Others might be affected as well. The effect could be negative, which is why it’s essential to know that an experienced legal professional is on your side. Call us to schedule a complimentary consultation with a will challenge lawyer who can help you explore your legal options.

What is a will contest?

A Will contest begins a legal process questioning a will’s validity in a court of law. The person contesting the will initiates a lawsuit against the submitted will. The exact procedure and regulations surrounding the process vary by state. Your will challenge lawyer from Klenk Law will be able to explain how the laws will affect your case. Generally speaking, the person who desires to contest the will must:

 

  •   Have a financial interest in the estate’s assets. For example, they are a beneficiary, or they would have inherited the estate’s assets by removing the challenged will.
  •   Have legal grounds for doing so. Otherwise, the court will reject their case. Legitimate grounds for a will contest include:
  •   The decedent was not of sound mind when writing the contested will.
  •   Someone coerced or otherwise forced or pressured the deceased to write the will. This pressure resulted in terms the deceased otherwise would not have written.
  •   The rules for a valid will vary by state. In some states a will contest can succeed because there are not enough witnesses.
  •   A more current will than the one being used to distribute the estate’s assets exists.

 

Filing a Caveat Before Probate.

A person can contest a will before it enters the probate process or they can contest it during the probate process. Procedures will depend on current state laws which can be explained to you by your will challenge lawyer from Klenk Law. A caveat refers to a legal action that occurs before the probate process begins. When your will challenge lawyer files a caveat with the correct official, this becomes public knowledge. It also gives notice to the probate court that the decedent’s will should not enter the probate process.

The Caveator Explained.

The caveator refers to the person who filed the caveat. When filed, the person filing the questionable will receives notice of the caveat.  The probate administrator then notifies the caveator of the will. The caveator has a period during which they can respond to the petition. The caveator cannot just stall. He must make a case for why they believe the will is not valid.

Simplifying the Probate Process

At Klenk Law, our Cherry Hill, New Jersey will challenges law firm has experience. We streamline the probate process for our clients as much as possible. Our legal team understands that in the wake of a loved one’s passing, grief can be debilitating and handling the legalities of an estate can be overwhelming to the individuals involved. Probate laws vary by state, and regulations change reasonably regularly, and these complications can significantly add to the confusion for families facing probate. We can ease your mind and provide the legal guidance you need during this difficult time. Our Cherry Hill, NJ will challenges law firm will make every effort to simplify the process while meeting all legal requirements. We help avoid unnecessary tax pitfalls. Please give us a call today to learn more.

Small Estates

In many states, smaller estates do not have to go through the extended probate process. For instance, a surviving spouse has the authority to transfer property left to them by their deceased spouse.

Assets Excluded from the Probate Estate

Our Cherry Hill, NJ will challenges law firm can review an estate’s assets and determine which are not part of the Probate Estate.

 

Call us at  Klenk Law if you have questions or concerns about a will and your legal rights.

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Susan W.

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

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Peter Klenk & Associates is my go-to firm for estate planning and advice in probate and estate administration. Peter and his attorneys are top-notch and exceptionally responsive. Peter has the knack of being able to explain extremely complex tax and estate planning issues in a manner that clients are easily able to understand and comprehend allowing them to confidently make important decisions.

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Joe Peters

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

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Michael Wolfgang

Peter and the whole team at Klenk Law are top notch. They are thorough, efficient and understanding of client needs. He was able to tailor our estate planning needs just how we envisioned.

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Ellen G.

I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend

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