Legal Question in Wills and Trusts in New Jersey
Brother Challenging Will
Good Afternoon,
My Father has passed away and wrote my two brothers and myself out of the will, leaving everything to my sister. I have not spoken to my father in 5 years, since my parents divorced, and one of my brothers has not spoken to my father in ober 15 years. We were not looking or expecting anything from his will. However, my other brother was in business together with my dad and feels that my sister pushed my dad into writing everyone out for her own gain. My brother has fiked a caveat against the will to contest, my question is if he wins is the entire will thrown out and the estate is divided between all children or will my brother get half with my sister. I ask because the way my sister is treating my fathers legacy in the attempt to dismantle everything he has built is upsetting to all of us and we woulfd love to take money from her, or at least tye her inheritance upo for as long as possible.
Thanks
2 Answers from Attorneys
Re: Brother Challenging Will
If your brother takes this will contest case on by himself, should he win, then all the beneficiaries would benefit from the result [e.g. if the will is thrown out and all the children are treated equally].
Re: Brother Challenging Will
While I generally agree with Jon, there are actually three possibilities: (1) If there was a prior original Will and it is presented, its provisions will prevail, (2) If there was no original prior Will, your father will be deemed to have died "intestate" (without a Will), in which case all children will be treated equally, or (3) If there is only a copy of a prior Will, it is possible the Surrogate will allow what is called Administration With the Will Annexed, which is a hybrid procedure, allowing the prior Will to be used.
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