Legal Question in Wills and Trusts in New Jersey

Re: Only surviving heir

These fights get really ugly really quickly.

There are several grounds on which a Will could be challenged. It would take some investigation to determine whether any grounds exist to challenge this Will. You will need to consult an Attorney, and get some solid advice.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Only surviving heir

Both Gary and Bob touch on the subject. The question is whether or not the new Will was subject to undue influence or some other ground/basis on which it can be contested by you. This is a complicated question and depends, in part, on your father's mental capacity, the terms of the Will, the extent of your relationship with him, etc. You may need medical records, etc. to establish a claim. Most important, if you decide to contest, you must act promptly, as a suit must be initiated with 4 months of the probate of the Will. Not to discourage you, these suits are time consuming and can be very costly, so other things must be considered, along with the risk of losing the case. Did you get a copy of the Will? It can be obtained from the Surrogate's Office in the County where your father died, by going there to see it, or getting a copy for a small fee. Check to see if you were mentioned, as this may open other areas to contest it. Once you have a copy, check with a local attorney who specializes in probate matters and Will contests. This is a response to an Internet question and the reply is not to be considered as legal advice or as creating an attorney-client relationship.

Re: Only surviving heir

There is the question as to how the will came about. Did the girlfriend exercise undue influence over him at a time when he was physically and mentally weakened? Is it his handwriting?

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com