Contested Wills in Bayonne, New Jersey

Find the right Contested Wills attorney in Bayonne, NJ

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

A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, especially if the testator's motives are not clear. They will often assume that the will must be a forgery, or a result of fraud or force.

If a large amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

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

There are many reasons that a Bayonne, New Jersey court might hold a will to be invalid.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Bayonne, New Jersey will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Bayonne, New Jersey Contested Will Attorney Help?

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

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

Life in Bayonne

Bayonne is located in Hudson County, New Jersey, just south of Jersey City. It derives its name from Bayonne, France. A main attraction in the city is the Bayonne Bridge, which connects it to Staten Island, New York. Red, white, and blue lights illuminate the bridge in the evening, as a 9/11 memorial.

The city was initially founded as a township in 1861 and officially incorporated in 1869. Bayonne currently has a population of about 57,000. Notable residents of Bayonne have included actress Sandra Dee and basketball player Shaquille O'Neal.

Popular outdoors destinations in the city include Constable Hook, Bergen Point, and the Hackensack RiverWalk. Bayonne is home to several places on the list of National Registered Historic Places and Museums. Such places include Robbins Reef Light, Bayonne Truck House No.1, and Bayonne Trust Company.

The city of Bayonne is located near Newark Airport and the Newark Turnpike. It is served by the Hudson-Bergen Light Rail Transit System. The Bayonne Board of Education provides public education schools for city residents. Bayonne High School has an on-campus ice rink facility for its hockey team.

Bayonne has been called "The Peninsula of Industry" by its locals. Recently it has been earning a reputation as "The Peninsula of Business and Technology". Traditional industries in Bayonne are being upgraded with new technologies and facilities, especially in the service sector.

Bayonne lawyers typically file their cases at the Bayonne Municipal Court. Appeals may be processed with the Appellate Division of the New Jersey Superior Court. Many lawyers in Bayonne, New Jersey are members of other Bar Associations in addition to the New Jersey Bar Association.

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