Contested Wills in Plainfield, New Jersey

Find the right Contested Wills attorney in Plainfield, NJ

It is possible, in Plainfield, 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 Plainfield, New Jersey?

Courts in Plainfield, 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, a will obtained through duress (a threat of harm, usually 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 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.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Plainfield, New Jersey, and held to be invalid, this usually 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 Plainfield, 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 good Plainfield, 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 Plainfield

Plainfield is known as "the Queen City" and is home to 50,000 Union County residents. The City of Plainfield covers a total of 6 square miles and plays host to a predominantly African-American community. With such a strong school system, it's interesting that less than 35% of the households were married families.

The Barack Obama Green Charter High School, New Jersey's first sustainable High School, is located in Plainfield. The high school is focused on green building and sustainable practices for faculty and students.

Citizens can get around the city with the convenient New Jersey Transit rail stations and bus systems. For travel, Plainfield is located just 25 minutes from the Newark Liberty International Airport.

The Plainfield Symphony was founded in 1919 and performs at the Crescent Avenue Presbyterian Church making it one of the oldest orchestras in the entire United States. It may be surprising to find out that the area was settled by Quakers in 1684 and Plainfield was an incorporated as early as 1869. It was a manufacturing center for chemicals, clothing, vehicle parts, and electronic equipment and was popular among the other New York Metropolitan Area suburbs.

Many of the homes from the extravagantly wealthy still remain there in full glory. The historic district of Plainfield has a number of homes with locally influenced architecture including the former home of New Jersey Governor Jim McGreevey who was also a lawyer.

Plainfield lawyers are knowledgeable of local courts and procedures and will likely be able to help you with whatever legal issue you may be facing.

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