If you’re involved in an estate-related dispute, you’ll need an attorney who can help you navigate your legal options and protect your interests. A good New Jersey probate & estate litigation lawyer will be able to assess your case, gather evidence, and manage the legal process on your behalf. They can also provide guidance throughout the probate & estate litigation process and ensure you’re getting the best possible outcome.
Under New Jersey law, a person may contest the validity of a will if they can prove that a vulnerable testator (an individual who made their own will) made the will under improper circumstances or otherwise lacked the mental capacity to make it. There are several grounds for a will contest in New Jersey, including improper execution, lack of testamentary capacity, fraud, and duress.
Disputes over Wills and Trusts are common in New Jersey, particularly for individuals with large estates or complex assets. These disputes may involve questions of whether a will is valid, how the decedent’s property should be distributed, or who should be the executor or administrator.
A New Jersey court can also set aside a will when it’s in the best interests of the decedent to do so, as long as they were deemed legally incapacitated at the time of the will’s creation. However, this isn’t a practice the courts generally adopt and if you want to pursue such a claim, you’ll need to consult a New Jersey probate lawyer immediately so they can evaluate your situation and determine whether it’s likely to succeed in court.
As with other types of contested matters, there are certain deadlines for filing will and trust claims in New Jersey. These deadlines vary from case to case, and it’s important to file the complaint as soon as possible so that you can get the best possible result.
Claims related to the administration of an estate can also be filed outside these deadlines, so it’s a good idea to contact a New Jersey estate litigation lawyer as soon as you suspect there might be a problem with your loved one’s will or trust.
Unless the decedent had a surviving spouse or children, their assets will be distributed in accordance with New Jersey intestacy laws. These laws allow a decedent’s close relatives and friends to disinherit anyone else who would have been entitled to inherit under the decedent’s will. Those relatives include distant relatives, such as children from previous marriages or people living in different states.
A surviving spouse or domestic partner can also seek to recover an “elective share” of the decedent’s estate under New Jersey laws. These laws entitle a surviving spouse or domestic partner to a one-third portion of the decedent’s estate so long as they were living with the decedent at the time of their death.
While this type of action hasn’t been addressed in a number of cases, it’s certainly worth considering if you think you’ve been left out of an inheritance or have other concerns about the will or trust. A New Jersey probate lawyer will be able to review the details of your case, discuss your options, and build the strongest possible case for you.
When a person dies, it can create significant strife within a family and result in some disagreements over who is to be named as executor or administrator of the estate. These disputes can lead to a will contest, which is an important legal proceeding in New Jersey. If you are considering challenging a will, it is important to seek legal advice as soon as possible.
There are several grounds that can be used to challenge a will in New Jersey, including fraud, lack of testamentary capacity, duress, and undue influence. These grounds must be proven by the contestant in order to prevail.
One of the most common grounds for a will to be challenged is a fraud, which means that someone knowingly made false or misleading information to make their will. If a will contains fraudulent information, then it is invalid and the property that was given away may be returned to the decedent or their heirs.
Another ground for a will to be contested is duress, which involves the use of coercion or emotional stress on a testator to make their will. The law defines duress as "any action, whether mental, moral, or physical, by which the testator is persuaded to do something that he otherwise would not have done."
Duress is a very difficult and complex issue for an attorney to handle. Because it involves a very complicated legal system, it is crucial to have an experienced lawyer who can fight for your rights and interests.
Other grounds for a will to be challenged include incapacity, which means that the testator did not have the mental capacity at the time they executed their will to understand the property they were giving away and what was intended by them. In this case, the courts will look at factors such as how much the testator knew of the property they were disposing of, what they intended to do with it, and who they would have chosen to receive it if they had not died.
A will contest can also be based on a presumption of undue influence, which is a very complex area of law and one that requires significant experience to successfully defend against. In a case of undue influence, the contestant must prove that the will was written to benefit someone in a confidential relationship and there are suspicious circumstances surrounding it.
This type of case can be very difficult and time-consuming, but it is often worth the effort if you believe that your family member has been treated unfairly by someone else. It is important to reach out to an experienced New Jersey probate lawyer at the earliest opportunity.
Probate law is the process of distributing a deceased person’s property. It is also the process of settling any outstanding debts. It can be a long and complicated process, and it is not always easy for family members to handle it on their own.
A New Jersey probate lawyer can help you through the entire process and make it easier on your family. They can also make sure that everything is done according to the laws of New Jersey.
Everyone should have a will and an estate plan. Not only is it important for your own peace of mind, but it will also help ensure that your assets are distributed to the people you want them to go to in the event of your death. A probate lawyer can assist you with the formation of a will, as well as any other legal documents related to your estate.
You can save time and money with a proper estate plan in place. It can also prevent any disputes over your assets that may arise after you die, which could have a negative impact on your loved ones.
It is often necessary to submit a decedent’s estate to the county Surrogate’s office for probate. After a few papers are signed and a filing fee is paid, the estate is referred to the county’s probate court.
The executor of the estate then assembles the assets, pays any taxes or bills owed, and distributes any remaining assets to the heirs or beneficiaries. The probate process can take several months or more, depending on the size of the estate and whether there are any other issues.
An experienced New Jersey probate attorney can ensure that your heirs receive the estate you intended them to get and that any bills are paid promptly and properly. They can also assist with any challenges or objections that a beneficiary might raise during the probate process.
When a beneficiary discovers that another party has been left out of a will, they can challenge the will’s validity in a “will contest.” The New Jersey Supreme Court holds that a will is not invalid just because it was witnessed by an interested party.
There are many reasons why you might need to dispute a will, including if the will was prepared by someone else, if there were disagreements over who was supposed to inherit under the will, or if the beneficiaries did not receive enough of the estate. If these or any other reasons are involved, you should speak with an experienced NJ probate attorney immediately to find out what your options are and to make sure your loved one’s inheritance is not affected.
A probate lawsuit can help you pursue compensation for losses caused by the wrongful actions of an estate administrator or other parties in connection with an estate. It can also help you recover any lost profits if your loved one’s estate was not properly distributed in the first place, as well as compensate you for pain and suffering.
The Matus Law Group
125 Half Mile Rd #201A, Red Bank, NJ 07701
(732) 785-4453