Contested Wills in Woodbridge, New Jersey

Find the right Contested Wills attorney in Woodbridge, NJ

It is allowed, in Woodbridge, New Jersey, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, testators leave out of their wills people who might naturally expect to inherit a substantial portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If there is a considerable amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Woodbridge, New Jersey?

A court in Woodbridge, New Jersey will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

If the contest is successful, a court in Woodbridge, New Jersey might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, typically passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Normally, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Woodbridge, New Jersey Contested Will Attorney Help?

Because a will contest can sometimes involve difficult legal and factual questions, as well as some very raw emotions, a skilled Woodbridge, New Jersey attorney can be invaluable in helping this process go as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Woodbridge

The township of Woodbridge New Jersey is located in Middlesex County. Woodbridge has a population of just under 100,000 residents, making it the fifth largest municipality in the state of New Jersey. Woodbridge also has the honor of being the oldest township in the entire state.

It is easy to see the history Woodbridge has to offer and many visitors enjoy the points of interests and historical figures that came out of the city. Named after Reverend John Woodbridge, the city has been growing rapidly since its founding.

One sector of Woodbridge that is of particular interest is the legal community. Woodbridge lawyers are trained at some of the best law schools in the country and skilled in a range of practice areas to help his or her client with their issue. Woodbridge lawyers enjoy everything the township has to offer, and also enjoy using their legal knowledge to help their neighbor.

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