Contested Wills in Franklin, New Jersey

Find the right Contested Wills attorney in Franklin, NJ

It is permitted, in Franklin, 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 Franklin, New Jersey?

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

For instance, 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.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

If the contest is successful, a court in Franklin, 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 Franklin, New Jersey Contested Will Attorney Help?

Contesting a will is often challenging, and never fun. However, the entire process can be made more bearable if you have the help of a knowledgeable Franklin, New Jersey attorney, and the process will probably be much more manageable.

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

Life in Franklin

Franklin is located in Sussex County, New Jersey. As of 2010, its population is 5,045 people. Franklin's nickname is the "Fluorescent Mineral Capital of the World," because it's location is over rich land that has over one hundred and fifty minerals. Many of the minerals are fluorescent, hence the name, and twenty-five of the minerals are found nowhere else on earth! Therefore, Franklin is a very special place.

The largest employer is the New Jersey Zinc Company. Earlier, smaller companies mined zing and iron in Franklin. In the early nineteenth century, zinc deposits were found in Franklin. Since then, zinc has become significant for the Franklin economy. The smaller companies merged into one large effort via the New Jersey Zinc Company, formed in 1897.

A few attorneys call Franklin home. These attorneys serve as a source of legal guidance for Franklin residents.

Overall, Franklin is a small city filled with history and rich in culture and minerals!

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