Contested Wills in Hoboken, New Jersey

Find the right Contested Wills attorney in Hoboken, NJ

It is possible, in Hoboken, 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.

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 severe and irreversible damage to family relationships.

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

Courts in Hoboken, New Jersey will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

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.

A will can also be rejected because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for example) at the time the will was made, the will can still be invalidated.

If you successfully contest the will in Hoboken, New Jersey, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that typically happen during a person's life. Typically, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Hoboken, New Jersey Contested Will Attorney Help?

Contesting a will can be a confusing, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Hoboken, 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 Hoboken

Hoboken is located in New Jersey's Hudson County. Per the 2010 census, Hoboken is home to 50,005 people.

Popular attractions include Church Square Park, Columbus Park, Elysian Park, Stevens Park, Madison Park, Gateway Park, Hudson River Waterfront Walkway, Bayonne Bridge, Hoboken Terminal, Pier A, Frank Sinatra Park, Castle Point Park, and Hoboken Cove.

Images of Hoboken display the city's breathtaking beauty and charm. Residents love living here. In the list of residents, practicing attorneys are included. Therefore, any legal need of residents and/or small businesses will be tended to by the legal force of Hoboken. For large complex matters, the top tier legal force in New York is close by.

Overall, residents have the advantage of living in a beautiful area, being close to New York, and having a strong legal force both within and nearby their homes. Next time one visits New Jersey or New York, Hoboken is definitely a place to visit!

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