Will Challenges Law Firm Cherry Hill, NJ

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. When a will is contested successfully, it can significantly impact those involved, whether they are the one contesting the will or one of the persons initially named in the will. Others might be affected as well. Which is why it’s important 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?

When a will is contested, it begins a legal process in which the validity of a will is questioned in a court of law. The person contesting the will initiates a lawsuit against the submitted will. The exact process and laws 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 if the challenged will is removed.

•   Have legal grounds for doing so, or else the court will reject their case. Legal grounds can include:

•   The decedent was not of sound mind when they wrote their will.

•   Someone coerced or otherwise forced or pressured the deceased to write the will in the way in which they wrote it.

•   The decedent did not have witnesses of them signing their will as required by law (this varies by state).

•   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. This 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 the questionable will is filed, the person filing the 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 the experience necessary to simply 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 laws change fairly regularly, and these complications can greatly add to the confusion for families who are faced with 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 ensuring that all legal requirements are met and unnecessary tax pitfalls are avoided. Please give us a call today to learn more.

Small Estates

In many states, small estates do not have to go through an extended probate process. For instance, a surviving spouse have the authority to transfer property left to them by their deceased spouse. With the help of our Cherry Hill, NJ will challenges law firm, if this is applicable to you then you can transfer that property with the use of a simplified probate procedure. It’s quite possible that the probate court proceeding can be avoided altogether with the use of an affidavit. If your probate lawyer advises that this is an option for you, it can save a great deal of time, frustration, and money. What follows are possible ways to shorten the probate process if your legal team advises that they are applicable for your circumstances:

•         Spousal (or Domestic Partner) Property Petition. The deceased’s surviving domestic partner or spouse may be able to transfer their inherited assets using this streamlined procedure. With the help of our probate lawyer, you can submit the petition with the probate court for approval. This process is straightforward and faster than the regular probate process. Inquire with your probate lawyer whether or not there is a limit on the value of the property which can be transferred using this process.
•         Small Estate Affidavit to Claim Property. You may be able to avoid the probate process completely if the total value of the assets from the estate is less than a predetermined minimum amount. Our Cherry Hill, NJ will challenges law firm review your circumstances to determine if this is possible. If so, you will need to prepare a document that includes the reason why you or other heirs are entitled to various assets. The document is referred to as an affidavit, and our probate lawyer will assist you with this. Upon submitting the affidavit to the holder of the asset (such as a bank that has the deceased’s checking and savings accounts) along with the deceased’s death certificate, they will release the asset to you.

Assets that are Excluded From an Estate’s Valuation

Our Cherry Hill, NJ will challenges law firm can review an estate’s assets and determine which might be excluded from the total valuation of the estate. This is helpful because in order to use a simplified method of probate, or avoiding it altogether, the total value must be under a certain dollar amount.

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