Legal Question in Wills and Trusts in New Jersey

Contesting Revised Will

My sister and I were changed as executors of a will from J, my Mom's best friend for 50 years. We cared for her for over 10 years (husband died) with Dr apts, banking etc.She went into the hospital we were there. She wrote up a will in 1999 and we continued caring for her.

J went into the hospital again and we cared for her in our home for over 4 months after released. Mom died in 7/03 and J, feeling better went back to her home.

We hired a full time caretaker since we had to go back to work, but spoke and visited on a daily basis. J became less caring for us and began to ignore our calls etc. The

blood family was now coming around. The caretaker ended up being the executor and the nephew was in charge of J's

will. They convinced her that we did not care anymore.

With the NJ law, can we contest the new will and provide the old one, which we believe was changed under duress?

We have the support of doctor, nursing homes and police (she was robbed by one of her ''friends'' and we got the money back to her) that we were always there for her. Her ''family'' came around when we notified them that she was ill and in the hospital. Does the blood family override

the family who loved and cared for her for a lifetime?


Asked on 5/29/05, 11:42 am

1 Answer from Attorneys
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Contesting Revised Will

You certainly have the right to contest since you were named in the prior will. It also sounds like you have witnesses in your favor. You are correct that blood relatives may have some level of favoritism when matters are reviewed, but if there was undue influence or diminished capacity, and the totality of circumstances favors you and your sister, you may be able to have the current will considered null and void and the prior will probated. You have 120 days from the date the current will is submitted to probate. That is the statute of limitation for a will contest. If I can help you further, feel free to contact me in my office on Tuesday, or e-mail me prior.

www.BergenLaw.com

201-445-4321

Read more
Answered on 5/29/05, 11:50 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey