Legal Question in Wills and Trusts in New Jersey

Re: Holographic wills

Your story is a litle hard to follow so I'm not certain I really know all the facts.

However, holographic wills are legal in NJ as they are in many states. They typically are more difficult to probate than a "standard" will prepared by an attorney. You lost me on the trail to find the undue influence here...seems a little far-fetched to me.

Re: Holographic wills

Handwritten Wills (Holographic Wills) are legal in New Jersey if they were signed by the decedent (not using an "x" as a signature unless witnessed). The state of mind of the decedent when the Will was made could be a question, but if she knew what she had and who were her "natural objects of her bounty", and not under the influence of drugs or alcohol, it should be valid. The standard for ability to make a valid Will in NJ is very low (testamentary capacity) and to decline it would be an upward battle in Court. While they may have been political adversaries, this does not appear to be a conflict of interest in handling the sister's estate. However, an ex-wife has no standing in the matter as NJ law terminates these rights on divorce, unless the Will was made after the divorce, knowing the people were divorced. There is some confusion here and more facts are needed to properly answer the question regarding the ex-wife. Was she named in the Will in any capacity? When was the Will made? Is the brother alive and competent? Was he named in any capacity? These answers may lead to more questions. Perhaps I should see a copy of the Will to advise you further.