Contested Wills in Jersey City, New Jersey

Find the right Contested Wills attorney in Jersey City, NJ

It is feasible, in Jersey City, 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 Jersey City, New Jersey?

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

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Typically, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

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.

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

Contesting a will is never particularly easy or enjoyable. However, a reliable Jersey City, New Jersey attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Jersey City

Jersey City is a place rich in culture, with something for everyone in the family to enjoy. Located between the Hudson River and Upper New York Bay, Jersey City is situated right across from Lower Manhattan. Although Manhattan is known for wonderful attractions and high tourism, Jersey City is filled with historic neighborhoods, museums, shopping malls, and beautiful city parks.

For all those history-lovers out there, you can book a cruise to Ellis Island, visit Harsimus Cemetery, or tour the Underground Railroad and experience the footsteps of many escaped slaves. If shopping is your forte, visitors can shop till they drop! Jersey City is home to ten major shopping districts filled with large department stores, contemporary boutiques, and specialty stores. For those who love museums, Jersey City has many museums that highlight the city's history and art. However if visitors would just like to relax and soak in the beauty, Jersey City has many beautiful city parks. Two of the most famous parks are Liberty State Park and Leonard Gordon Park.

Alongside the beautiful parks is the city's beautiful waterfront port of entry. The waterfront port runs about 11 miles long and truly is a site not to miss! Many major corporations and industries have found a home along this beautiful waterfront. In fact, the Goldman Sachs building stands at 238 meters and is one of the 200 tallest buildings in the world. Goldman Sachs is not the only Fortune 500 Company to be located in Jersey City. Major corporations such as Chase Manhattan Bank, Charles Schwab, and Merill Lynch have also found a home in Jersey City.

To top it off, Jersey City has one of the most diverse populations in the United States. Known as a "Tapestry of Nations," the city is home to Jewish, Italian, Cuban, Filipino, Polish, Indian, Irish, Puerto Rican, Dominican, African, Arab, and Asian communities. Therefore, visitors will be introduced to many cultures and ethnicities when visiting this wonderful place. Such a population, rich with many ethnicities and cultures, is also rich with a variety of different professionals. There are many attorneys who practice in all areas of law in Jersey City. Not only are many major law firms located in Jersey City, but the city also has a number of small to medium sized law firms. Undoubtedly, any legal issue that you have can be resolved by the many competent attorneys who call Jersey City their home.

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