Contested Wills in Trenton, New Jersey

Find the right Contested Wills attorney in Trenton, NJ

It is possible, in Trenton, 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.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Trenton, New Jersey?

Of course, a Trenton, New Jersey court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.

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.

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 really 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 Trenton, New Jersey will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, 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 Trenton, New Jersey Contested Will Attorney Help?

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

Trenton is New Jersey's capital. It is seen as a part of the Greater New York Area by many. It is located in Hunterdon County.

Popular attractions include Cadwalader Park, Friends Burying Ground, the New Jersey State House, War Memorial Auditorium, The Trenton City Museum, Trenton Battle Monument, New Jersey State Library, New Jersey State Museum, Old Barracks, William Trent House, and Trenton City Hall.

Trenton is home to many attorneys who practice in law offices and firms. These attorneys focus on providing excellent legal services to their clients, who comprise of both residents and local businesses.

Famous past residents include Steve Braud, Betty Bronson, Al Downing, Greg Grant, Roxanne Hart, Roy Hinson, Gary Stills, Troy Vincent, and Ira W. Wood.

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