How to Contest Wills in New Jersey
Losing a loved one can be very traumatic. The grief can be exacerbated by the discovery that something isn't right with the deceased person's will. Every state has its own laws regarding disputing a will. In New Jersey, you can dispute a will if you can demonstrate that the person lacked the mental capacity on the day that the will was executed. You can also contest it if you have reason to believe that the person was coerced into signing the will.
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Instructions
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Decide whether or not you want to contest the will. This may not be an easy decision. Contesting a will is a costly and time-consuming process that can be emotionally and psychologically challenging to everyone involved. If you can sort out the matter without getting the courts involved, you can save a lot of time and money.
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Contest the will as soon as you can. According to New Jersey law, a New Jersey resident has up to four months to contest a will. Residents of other states have as much as six months. If you miss the deadline, you cannot contest the will.
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Hire an attorney specializing in New Jersey estate law. Contesting a will is a legal matter. You may have to go to court to argue your case.
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Collect any evidence you have to show that the deceased lacked the requisite mental capacity or was coerced. This may include medical records and testimony from doctors and anyone who was close to the person prior to his death.
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Establish proof that the individual who coerced the deceased was in a position to do so. You will need to demonstrate that there was a confidential relationship between them.
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Consider mediation as a quicker and cheaper alternative to litigation.
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Go to court to argue your case. Your attorney will advise you on how best to proceed. Your case will be heard by a Chancery Judge, who will rule on the matter.
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References
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