Legal Question in Wills and Trusts in New Jersey
validity of will
my father signed a will either shortly before or after his first surgery for pancreatic cancer. My stepmother got everything. He left me and my brother and sister a 35 ford truck but signed the title to her, its it ours. And I think he signed the will while under the influence of either narcotics or was in an altered mental state due to his high bilirubin levels, can that invalidate the will. He was aware of who he was giving his bounty and what his bounty was , and did have moments of lucidity, but he was in an altered mental state nonetheless.
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2 Answers from Attorneys
Re: validity of will
You don't say if your father lived in NJ or FL which may make a difference.
If your father gave the '35 truck to his wife (your stepmother) before he died so that title was in her name, then the Will leaving you and your siblings the truck would not transfer ownership (because your father no longer owned it when he died).
A will contest may be possible, but I would need to know a lot more about the facts in order to prove that there was undue influence, or lack of capacity to make a will. You acknowledge that your father understood the nature, extent and the natural objects of his bounty and that he had moments of lucidity. If that's true, you probably have a very weak case. Also, leaving his estate to his wife is not the type of 'un-natural disposition' that would be easy to challenge.
Re: validity of will
This will take some talking and discussions, to figure out whether you have a way to challenge your father's Last Will and Testament.
I have done several cases like this. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.
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.
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