Legal Question in Wills and Trusts in New Jersey

Caveat of estranged father's will

I have been estranged from my father for about 20 years. )He tried to french kiss me.) There is a will filed for probate by his girlfriend (3 yrs older than me). There is no mention of his 3 children in the will. The will was witnessed by illegible witnesses and supposedly signed by and attorney. The will is on not on attorney letterhead and there is no mention of how many pages there should be to the will. The document is not notorized. I was told by the girlfirend (sole beneficiary and executrix), the attorney retired in 2005.If the attorney signed the document wouldn't his office have drafted it? If the attorney signed the document as a favor for a friend would his signarure still be considered not needing notarization? The dates and witness names are hand written (script only) in an otherwise poorly drafted document. There are many typos and states, ''If my attorney is unable to exucute this will I appoint my attorney...to.''


Asked on 8/12/08, 9:48 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Caveat of estranged father's will

Filing a caveat is easy. Winning a Will contest rarely is.

The fact that the Will was poorly drafted, or had 'typos' really does not matter. If it was signed and witnessed according to the statute, it can be admitted to probate. The issue is whether or not the girlfriend used undue influence over your father or whether he lacked testamentary capacity to sign the Will. These are all very fact sensitive issues, which will only be revealed in the course of a Will contest case. The fact that you admit you were "estranged" from your father for 20 years does not help your case [because it would not be uncommon for your father to leave you out of the Will in that case].

If you feel strongly about this Will, you should meet with an attorney and discuss the facts.

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Answered on 8/13/08, 9:04 am
Michael Berman Law Offices of Michael A. Berman

Re: Caveat of estranged father's will

Fighting a Will Contest is not easy, and could get very expensive. However, if the Will is overturned, you will be entitled to 1/3 of the Estate. Is the risk worth the potential reward??

Michael A. Berman, Esq.

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Answered on 8/13/08, 2:41 pm


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