Contested Wills in East Orange, New Jersey

Find the right Contested Wills attorney in East Orange, NJ

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

Occasionally, 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 instance). 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.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in East Orange, New Jersey?

Of course, a East Orange, New Jersey court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.

For instance, 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. Thus, 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 reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

So, you've succeeded in contesting the validity of a East Orange, New Jersey will. What happens to the property that was going to be distributed according to its terms? Usually, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Consequently, the old will can be given effect.

Can a East Orange, New Jersey Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a reliable East Orange, New Jersey wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in East Orange

East Orange, New Jersey is a city in Essex County, and it has a population of about 68,000 people. East Orange was originally incorporated by an act of the New Jersey Legislature in 1863.

East Orange is a fairly diverse city, and a significant number of immigrants from the South American country of Guyana have taken up residence there, accounting for 2.5% of the population. As with any city with a significant immigrant population, immigrant communities have added a touch of their own culture to East Orange, giving it that much more character.

New Jersey has designated the city of East Orange as an "urban enterprise zone." This is a package of benefits that the state extends to entrepreneurs if they decide to open a business in a community that needs economic revitalization. Businesses are encouraged to set up shop in these zones mostly with tax and regulatory breaks. As an attempt to stimulate consumer spending in these areas, the sales tax is lower than in other parts of New Jersey.

There are plenty of East Orange, New Jersey lawyers who can probably handle any legal issue that you might find yourself facing. If you find yourself with any legal problems, you should call an East Orange, New Jersey lawyer as soon as possible.

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