Legal Question in Wills and Trusts in New Jersey

Re: contesting wills

The answer depends on when the will was signed. If the will was signed before they were divorced, NJ law provides that any provision for the benefit of the former husband, and any appointment of the former husband as executor are automatically revoked (N.J.S.A. 3B:3-14) unless the will expressly provides otherwise.

His appointment as executor can probably be voided upon a showing that they were legally divorced. The will will need to be examined to see who is named as alternate executor and also to determine the beneficiaries.

If the will was signed after the divorce, it is presumptively valid unless you can show undue influence, fraud, mistake or lack of mental capacity. Generally, you have 4 months after a will is probated to bring a will contest, although this time can be extended for good cause shown.

Re: contesting wills

In New Jersey, the divorce laws (and usually any property settlement agreement entered into or Court Order setting forth the terms of property settlement, automatically void any pre-existing Wills between the parties. This results in your sister having died intestate (without a Will) if no subsequent Will was executed. In that case, the estate goes through administration with the next closest adult family member being allowed to qualify as administrator (like an executor) for the estate. If your sister made the Will after the divorce, it is valid unless obtained by undue influence. You had better act fast to set aside the appointment of her ex-husband, as there is a limited time period in which a suit to set aside a probated Will can be initiated.

Walter