Legal Question in Wills and Trusts in New Jersey
Contest a will
We have an original ''joint'' will between my mother (passed in 1999) and my father, Just passed March, 08.
The joint will from 1967 names me and my brother as beneficiaries. My father had re-married 3 more times since then. The last wife (we're not even sure if they are legally married) has presented a will for probate made in 2006, just as Dad discovered he's dying of cancer. In that will, he leaves $100 each to me and my brother, a slap in the face! I quickly placed a cavaet on that will.
We need a lawyer in NJ who is willing to take this case on contingency or flat rate. We have a strong argument that our will is a joint will where my father did not create another will prior to mom's death. Also, no evidence confirms this women named as ''wife'' is really his wife! Furthermore, she kept him estranged from us for 8 years...and would not let relatives see him in the last 3 weeks...as he lay dying in a hospice...she didnt even tell us where he was. My cousin had to track down his whereabouts...then when relatives called the room...she'd hang up!
Please respond with you intrest in this case. Can this case be handled for a flat fee or contingency?
2 Answers from Attorneys
Re: Contest a will
I'm guessing from your question that your parents were divorced before your mother's death in 1999 [because your father was married to 3 other women]
If your parents were DIVORCED prior to your mother's death in 1999, the joint will they signed in 1967 would have been revoked by the divorce and your father was free to sign a new Will naming whomever he wanted to as beneficiaries.
Contingent fee cases are virtually unheard of in will contests, as are flat fee agreements; because it's virtually impossible for the attorney to know the amount of time and effort that will be required before the case even starts. I can't imagine that any attorney would agree to such a deal.
Re: Contest a will
Any fee in this matter would be on an hourly basis with an inital retainer of $3,000 to be applied against the first ten hours. You should find someone in the county where the will is probated. I am in Morris County and would be able to handle Passaic,Esses, Sussex or Somerset Counties. Call if we can help.
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