Contested Wills in Perth Amboy, New Jersey

Find the right Contested Wills attorney in Perth Amboy, NJ

It is permitted, in Perth Amboy, 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.

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

When Can a Will be Contested in Perth Amboy, New Jersey?

Courts in Perth Amboy, 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.

For instance, 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. Nonetheless, 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.

A will can also be denied 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 instance) at the time the will was made, the will can still be invalidated.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Perth Amboy, New Jersey, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Perth Amboy, New Jersey Contested Will Attorney Help?

Contesting a will can be a difficult, emotional, expensive, and time-consuming process. There is really no way around this. However, a reliable Perth Amboy, 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 Perth Amboy

Perth Amboy is located in Middlesex County, New Jersey. It is nicknamed "City by the Bay," because it is near Raritan Bay. As of 2010, the population is around 50,814 people.

Popular sites include The Waterfront, Downtown, Harbortown, Hall Avenue, Southwestern, State Street, Amboy Avenue, Maurer, Chickentown, and Spa Springs.

Attorneys have also established their practices in Perth Amboy, allowing residents and businesses to remain rest assured. Any and every legal inquiry of theirs can be handled by the city's capable legal force.

Famous residents include Solomon Andrews, David Bryan, William Dunlap, Vida Guerra, Richie Ambora, Marcus Spring, Harry Tierney, John Watson, Ruth White, and David T. Wilentz.

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