New Jersey Will Contest Attorneys

Experienced Will Contest Lawyers in Bergen County, NJ Serving Passaic County, Essex County, and New York, including Queens County, Nassau County, and NYC

The passing of a loved one can unfortunately lead to significant familial discord regarding estate management and inheritance entitlement. Such disputes may escalate to formal will contests during probate proceedings. If you are contemplating initiating a will contest or find yourself facing one when probating a loved one's will, the New Jersey will contest attorneys at the Choi Law Firm stand ready to advocate for your rights. Since 2005, we have been trusted legal advisors to clients throughout North Jersey and New York City, earning referrals based on our track record of success in providing exceptional legal assistance.

If the validity of a will needs to be contested to safeguard your inheritance rights, or if you are the executor facing a contest from a potential heir, seasoned legal representation is paramount. Contact the Choi Law Firm for a confidential consultation to explore your legal options with our knowledgeable New Jersey will contest attorneys.

Understanding Will Contests

A will contest is a legal proceeding where a formal challenge is raised against the validity of a will submitted for probate. Typically, an interested party, often a named beneficiary or heir under state law, asserts that the presented will does not accurately reflect the decedent's true intent at the time of their demise or that the decedent lacked the legal capacity to make the will. The objective of a will contest may include invalidating the submitted will, leading to the declaration of intestacy, or proposing another purported will as the true last will and testament.

Probate Litigation and Will Contest Matters Handled by Our New Jersey Attorneys

The decision to contest a will arises during a challenging time, following the death of a loved one. While individuals have the right to dispose of their property as they wish, suspicions may arise when family members discover they have been excluded from a will. Allegations of undue influence, insufficient capacity, failure to adhere to formal requirements, deception, fraud, power-of-attorney abuse, or conflicts of interest may prompt a will contest.

Frequent grounds for will contests include:

1. Undue Influence: Concerns that someone close to the decedent exerted undue influence to manipulate the will.
2. Insufficient Capacity: Doubts about the decedent’s mental capacity to execute a valid will.
3. Failure to Follow Formal Requirements: Allegations that the will was not created following the necessary formalities.
4. Deception or Fraud: Suspicions of deceptive practices or fraudulent activities in the creation of the will.
5. Power-of-Attorney Abuse: Allegations of abuse regarding the power of attorney in the context of the will.
6. Conflict of Interest: Concerns about conflicts of interest impacting the will’s authenticity.

A will contest is a challenge to the validity of a will, requiring the individual filing the lawsuit to have “standing” or the right to challenge it. Common scenarios granting standing include being named on the face of the will, having an interest in the estate if no will existed, or being named in a previous will. The burden of proof often lies with the party initiating the contest.

At the Choi Law Firm, we specialize in representing disinherited or under-inherited relatives with legitimate claims of fraud, undue influence, or mental incompetency. These emotionally charged discussions often lead to settlements, but we approach each case with thorough preparation, treating it as if it were heading to trial. If a will or trust was executed under suspicious circumstances, our strategic approach ensures the pursuit of remedies in the courts.

Assistance with Various Will Contest Cases by Skilled New Jersey Attorneys

Our seasoned New Jersey will contest attorneys are well-versed in handling a variety of will contest cases, ensuring that your rights are protected in challenging situations. Examples of will contests that our firm can assist you with include:

• Claims of Undue Influence: A will contest based on undue influence alleges that someone in a position of power or trust over the decedent induced changes to the will for personal benefit or in a manner inconsistent with the decedent’s true wishes.
• Claims of Coercion/Duress: Coercion or duress occurs when a testator is subjected to threats of harm, compelling them to include provisions in their will that they would not have otherwise included.
• Claims of Fraud: Fraudulent procurement of a will may occur if false or misleading statements are made to the testator, influencing them to write or modify their will to benefit the party making such statements.
• Forged Wills: Allegations may be raised that the decedent’s signature on the will was forged, leading to a contested will.
• Lack of Testamentary Capacity: Challenges to a will based on the grounds that the decedent lacked testamentary capacity at the time of execution, failing to understand the nature of their property, intended beneficiaries, and the consequences of the will.
• Improperly Executed Will: Contesting the validity of a will on the grounds of improper execution under state law, including cases where the original will is lost.
• Superseded Wills: Will contests may arise when an interested party presents a document, claiming it is a properly executed will created after the initial will submission for probate.

Understanding ‘Undue Influence’

Undue influence refers to coercion or domination by an individual, whether moral, physical, or mental, that compromises a testator’s free agency, preventing them from following their true intentions. Proving undue influence is crucial for overturning a will. The burden of proof rests with the party challenging the will, except when a confidential relationship exists, and suspicious circumstances are present. A confidential relationship arises when the testator’s vulnerability makes them dependent on the influencing party.

More on ‘Lack of Capacity’

Another basis for a will contest exists when someone did not have the capacity to execute a will because of mental incapacity, illness, or extreme age. In New Jersey, the test of whether someone has testamentary capacity is whether the testator is able to understand certain fundamental facts: (1) the nature and scale of the property of which he or she is disposing, (2) the identity of family members who would be the natural recipients, (3) the testator’s relationship to the people who would usually be expected to inherit, and (4) the meaning of what the testator is doing. To overcome the presumption of testamentary capacity in a will contest, our New Jersey will contest attorneys will need to present clear and convincing evidence of incapacity to the Court. This is a heavy burden to overcome and one that requires a meticulous investigation of all potential evidence from all potential sources.

When a testator has made a will that does not reflect his or her true intentions because it is the result of elder abuse, undue influence, power-of-attorney abuse, or other exploitation, that testator probably requires the appointment of a guardian to prevent future abuse or exploitation. If such untoward actions are not discovered until after the decedent has passed away and the will is admitted into probate—as is often the case—the law limits the time in which a will contest must be commenced. The reasons underlying an estate dispute vary. Sibling rivalries, subsequent marriages, ambiguous estate planning documents, and self-dealing by an executor are often at play. Regardless of the reason, swift action is required, and our dedicated will contest lawyers in Bergen County, NJ can help.

Contact The Choi Law Firm for a Confidential Consultation to Speak with Our New Jersey Will Contest Attorneys About Your Legal Options

When your rights in an estate may be on the line, you need legal advocacy from the experienced Will Contest Lawyers in Bergen County, NJ at the Choi Law Firm. We help people in Bergen County, Passaic County, Essex County, Queens County, Nassau County, and all over North Jersey and NYC. Reach out to our firm today for an initial case review to see how we can protect your interests in a will contest.

Addressing Common Queries About Will Contests in New Jersey