Contested Wills in Old Bridge, New Jersey

Find the right Contested Wills attorney in Old Bridge, NJ

It is allowed, in Old Bridge, 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 Old Bridge, New Jersey?

Courts in Old Bridge, 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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

So, you've succeeded in contesting the validity of a Old Bridge, 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 Old Bridge, New Jersey Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a knowledgeable Old Bridge, 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 Old Bridge

Old Bridge, New Jersey is a township in Middlesex County. As of a 2007 estimate by the U.S. Census Bureau, its population is about 66,000.

Old Bridge can trace its origins to when the English wrested control of the area from the Dutch in 1664. In the 1680s, the current boundaries of Middlesex County were laid out by the legislative body with jurisdiction at the time. The area went through several name changes over the centuries, and finally appears to have settled on the official name of Township of Old Bridge, in 1975.

Until the 1950s, Old Bridge was largely an agricultural community, and population and economic growth were slow. However, during the post-WWII economic boom, there was a burst of construction activity, and most of the farm land gave way to residential developments.

Modernly, Old Bridge, New Jersey is home to a population that is relatively well-off, economically speaking. Only about 4% of the population of Old Bridge lives below the poverty line, which is much lower than the national average.

If you live in Old Bridge, New Jersey, chances are good that you'll be able to find a lawyer if you need one. Old Bridge, New Jersey lawyers are very diverse and competent. An Old Bridge, New Jersey attorney can probably handle just about any legal issue you might have.

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