Legal Question in Wills and Trusts in New Jersey

Re: invalidating a will

A discussion of what constitutes undue influence and/or diminished capacity to make a will is not well suited for this type of forum. Both are difficult questions that will require a complete review of all of the facts [e.g. medical records an witness testimony on the capacity issue; and a review of the relevant documents such as any wills that were signed, and witness testimony as to possible undue influence].

You will need to meet with an experienced Trust and Estate attorney and an experienced litigator to review the facts and evaluate your case.

My office is in Summit, NJ and I would be willing to meet with you to discuss this case. I would not charge you a fee for the initial consultation.

Re: invalidating a will

I agree with Jon and his reply. This is a very complicated situation, and the first place to look is at relevant documents and how they may have benefitted the Guardian. Plus, no facts are presented as to the relationship, if any, between the Guardian and the decedent and who and to what degree of relationship are other family members. You must keep in mind that if the Will has already been probated, there is a limited time period within which a Will can be contested. There may be several reasons why the Will is contested, including undue influence, diminished capacity, etc. Also, be aware that a Will contest can be expensive and time consuming and any benefits sought may be outweighed by the costs involved. If there is a legitimate basis to contest (1) you have to act quickly and (2) you should use an attorney well versed in Will contests.