Will Contest Attorneys in NJ – A Must Have When Contesting A Will

We’ve all heard about high-profile cases where someone dies without a will.  This creates a complicated situation for loved ones and potential heirs.  However, another problem with more even greater complications is when there is a will, but it is contested in court. 

When heirs contest a will in NJ, both the heirs and the executor should seek guidance from will contest attorneys.  In New Jersey, there are specific state laws regarding estates which estate attorneys have knowledge.  Typically, a business or even tax attorneys are familiar with the ever changing laws regarding estates and wills. 

The executor of a will is someone assigned to handle the affairs, communicate the terms of the will, and take care of the terms outlined in the will.  The executor is responsible for paying any outstanding debts owed by the deceased.  When heirs or others disagree with the terms of a will, they contest it.  Both parties, the contesting individuals and the executor, are best served by having an attorney experienced in will contest cases in NJ. 

The role of your attorney is to work to prove or disprove the validity of the will.  The mental state of the subject is often the topic of a contested will.  New Jersey courts have different standards when evaluating whether the will is valid or if the individual was under some kind of physical, emotional or mental instability when they completed the will.  This is referred to “undue influence.”

When you contest a will in NJ, you quickly discover what convoluted steps lay ahead.  The rules are complex regarding contest law.  It’s very easy to misinterpret the rules and even attorneys are sometimes confused by the legal complications.  This is why you should seek an attorney with plenty of experience contesting wills. 

For a will to take effect it must be admitted into probate.  The executor is responsible for this.  The executor takes the death certificate and the will to the county Surrogate.  Engaging an attorney to facilitate this step is a good idea especially if the executor anticipates a contested will.  If that is the case, make sure the attorney understands the situation.

The probate of the estate can’t begin until the eleventh day after the individual died.  This allows time for anyone who wants to contest the will to file the caveat with the county Surrogate.