Losing a loved one is understandably an emotional time. Sometimes, disagreements that were kept quiet while a person was alive rise up once that person passes away, especially when it comes to who should inherit what, or how a loved one's estate is being administered.
In New Jersey, there are a number of grounds upon which a person can contest a will. A person could claim their loved one changed the will because they were subjected to the undue influence of the person who was taking care of them or who was otherwise in a position of trust. A person could also argue that their loved one only altered the will because of fraud or misrepresentation on the part of an heir. Wills must be executed with certain legal formalities, so one could argue that these formalities were not met. Finally, a person could argue that their loved one did not have the testamentary capacity to create the will in the first place.
In the end, if a person believes their loved one's will should not be followed and they want to contest it, it is important to know how to proceed. At our law firm, we have represented many people in New Jersey in various types of probate cases. These include will contests, breach of fiduciary duty on the part of an administrator, fraudulent transfers, disputes over who should be named as administrator or guardian and abuse or theft of assets on the part of a person's guardian.
Losing a loved one is never easy, but the situation is only made worse when a person feels their loved one's wishes are not being met. Making the choice to pursue litigation is not easy, but it is sometimes necessary. Our firm's website on estate litigation can provide readers with more information on this topic.