Contested Wills in North Bergen, New Jersey

Find the right Contested Wills attorney in North Bergen, NJ

It is possible, in North Bergen, 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.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in North Bergen, New Jersey?

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

For example, a will obtained through duress (a threat of harm, typically physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not 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 severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

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

Because a will contest can sometimes involve convoluted legal and factual questions, as well as some very raw emotions, a skilled North Bergen, 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 North Bergen

North Bergen is a township located in Hudson County, New Jersey. North Bergen, New Jersey has a population of about 60,000 people, as of the 2000 Census.

North Bergen got its name in the 1800s, when the former Bergen Township was divided into several smaller sections, one of them being North Bergen.

North Bergen, New Jersey is known for its hilly terrain, and is said to be second only to San Francisco in American cities with the most hills. It also has an elaborate shape - resembling an inverted "L." These factors have lead to different sections of North Bergen evolving into distinctive neighborhoods, each with its own unique look and feel.

In order to spur development and commerce, the state of New Jersey has designated North Bergen as an "Urban Enterprise Zone." Many state laws and regulations operate differently (or not at all) in these zones, for the purpose of encouraging businesses to set up shop. For example, sales tax is only 3 1/2%, as opposed to 7% in the rest of the state, and many items, mostly necessities for life, or those related to starting a business, are tax-free.

If you live in North Bergen, New Jersey and are in need of legal advice, you're in luck. There are many North Bergen, New Jersey lawyers who are ready to help you with whatever legal problems you may be facing.

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