Legal Question in Wills and Trusts in New Jersey
contest a will?
Can a will be contested years after it went to probate? Great aunt died approx 5 yrs ago. I rec'd $30k. Two cousins rec'd hundreds of thousands. I was verbally told division would be equal or more to my benefit because I cared for the deceased sister prior to her death. I have reason to believe there was influence by my uncle - the father of the cousins. The deceased died at age 104 and it appeared her will was revised two years prior. I was afraid to contest at the time. Is there anything I can do now?
3 Answers from Attorneys
Re: contest a will?
My understanding of this is that the estate was probated in Washington. If probate has been closed for over a year, and you had notice of the probate and closing, you have no basis to vacate the probate orders because now you want to. One of the benefits that courts provide is finality and there are limits on what can be reopened and when.
Re: contest a will?
while in probate you can contest it.
Re: contest a will?
Mr. Steuart and Mr. Steele have both given you correct answers. Your time to contest the distribution is (or was) before you received notice that the probate was being closed. If that has not happened yet, you *may* still be in time, but if you all ready got $30K, sounds as if it is done all ready.
Being "verbally told" something is completely useless when there is a writing that says something else, especially a will.
Hope this helps, Elizabeth Powell
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