Legal Question in Wills and Trusts in New Jersey
My 80 yr old mom's BF is the executer to her will he covinced her to appoint him and she has cancer for the last 6 yrs and sure taking some strong meds can my sister and I contest her will which hes in the will also
1 Answer from Attorneys
You cannot contest it before Mom passes away and it is submitted for probate. Was Mom competent when she made it? In NJ there is a low level of competency required for a Will to be valid, so it may be difficult for a successful contest. Was undue influence used against Mom, such as the BF stating there would be no relationship if BF was not included? This may have scared Mom so that BF was included. What is relationship of Mom and the children - good, bad or indifferent? This may also come into play. How do Mom's medications influence her thought process and was she on medication when the Will was made? How long has been the relationship between Mom and the BF? Answers to all of these questions bear on possible success of a contest. Finally, contests can be costly and time consuming. Is Mom's estate and what the BF may get worth fighting for?