Legal Question in Wills and Trusts in New Jersey

probating a will

I tried to get a will probated but was unable to, due to a family member contesting the will. The letter contesting the will was done within 26 days of my kin's death. As of today, it has been 116 days since my loved one died. There is a no 'contest ' stipulation in the will. It is a fully legal documented will, signed at an attorney's office. Please be advised, this is not the will of anyone extemely wealthy. Will the family relative contesting the will have to pay my attorney fees (as the executor of the estate) since he started this proceeding?


Asked on 5/19/09, 8:18 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: probating a will

Your facts are skimpy and more information is needed for a full reply. What is the relationship of the contesting person to the decedent and what does he/she stand to gain if the probate is denied? What is the basis of the claim? Who would inherit if the contest is successful? Was there a prior Will that could be introduced if the current one were eliminated? NJ partially recognizes "no contest" prtovisions, but may ignore them in a proper case. Keep in mind that Will contests are time consuing and can be very costly, vastly exceeding the estate assets. Maybe, if there is a legitimate basis to the claim, a quick settlement might be considered.

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Answered on 5/20/09, 1:04 pm


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