Contested Wills in Passaic, New Jersey

Find the right Contested Wills attorney in Passaic, NJ

It is allowed, in Passaic, 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 significant 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 large 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 Passaic, New Jersey?

Courts in Passaic, 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 significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Passaic, New Jersey will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Passaic, New Jersey Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Passaic, 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 & Estates Law Attorney now!

Life in Passaic

Passaic, New Jersey is a city in Passaic County. As of a 2008 Census estimate, its population is just under 67,000 people.

The city of Passaic can trace its origins to a Dutch settlement established in 1679, on the Passaic River. "Passaic" comes from the Lenape word pahsayèk, which means "valley." The 19th Century saw a great deal of industrial growth, becoming a center for the textile industry. Passaic is sometimes called the "birthplace of television" because, while the TV was not invented there, it is the site of the first permanent TV station designed to broadcast to consumers. It began transmission in 1931.

Currently, portions of Passaic are designated by the state of New Jersey as "urban enterprise zones." This is part of a state program to promote entrepreneurship and economic growth by targeting areas underserved by businesses providing basic services, and encouraging them to set up shop there through reduced sales taxes (3 1/2% as opposed the statewide rate of 7%), and tax credits for hiring new employees.

If you live in Passaic, New Jersey, and need an attorney, chances are good that you'll be able to find one. Thanks to its size, diversity, and proximity to the large city of Newark, there is a significant legal community there. The chances are good that a Passaic, New Jersey lawyer can help you with whatever legal issues you might face.

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