Legal Question in Wills and Trusts in New Jersey
Caveat against a Will
I just filed a caveat against a will presented for probate for my father. He recently died, we have a joint will from an earlier time, his new will was not drawn before my mother passed...I been told this locks him into that previous joint will. Now that I have submitted a ''caveat'' to the surrogate court. What happens next? Does the court contact me to hear my objection? Do I contact them? Please advise.
2 Answers from Attorneys
Re: Caveat against a Will
If you filed the caveat, you are blocking anyone from probating any will.
You may want to discuss the two competing wills with the other parties and see if you can work something out between you. If not, then one of the wills will be probated, but only after a court fight, which will be expensive and time consuming.
Re: Caveat against a Will
Not knowing the difference between the Wills at issue, as to their effect on you, but having been involved in a number of Will contests, I both agree with Jon and advise you that this can be long and arduous litigation, time consuming and costly. Discovery is allowed (interrogatories - written questions - and depositions - oral questioning) and then a formal hearing after mandatory settlement conferences. Not enough facts were presented to make a determination as to whether this should be pursued or settled, or as to what is your basis and what you are trying to accomplish. If you need more information, contact me directly.
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