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Klenk Law

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.

What Our clients are saying

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Peter has done our family's trust and estate work since our children were born. He is not only extremely knowledgeable and honest but makes sure that our arrangements remain current with the changing legal landscape. I would give him my highest recommendation as a professional in his field.

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

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I have worked with Peter Klenk & his associates for some time now and I have found them to be ultra-qualified, knowledgeable and diligent about their work. I highly recommend them.

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

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Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

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