Legal Question in Wills and Trusts in New Jersey

Re: Should I contest a Will

Since your mother has been dead for many years, the fact that your grandfather did not mention her in his will is not unusual. Also, the fact that you had a poor relationship with your grandfather could explain why you were not mentioned in the will.

In order to answer your question, I would need to review a copy of your grandfater's will. However, based on your note, I would think your chances of winning a will contest are not very good.

Re: Should I contest a Will

I'm sorry to tell you that you have no right to inherit if your grandfather did a Will which does not name you, unless you or someone else successfully challenges the Will; the most common grounds are: undue influence, lack of testamentary capacity, or failure of due execution of the Will. If your grandfather had died without a Will, the children of his deceased sister (you) would have ben his heirs; but the Will controls unless it is thrown out by a court. I hope this helps.

Re: Should I contest a Will

You would have an uphill battle on your own, if you could not prove grounds. However, if the excluded children contested and were successful (there are many grounds for this type of suit, including undue influence, incapacity, etc.), you would be included in the "intestate" (dying without a Will) estate. Be mindful that a Will contest can be very expensive and time consuming.