Legal Question in Wills and Trusts in New Jersey

Re: will

It is impossible to answer a question like this, because will contests depend so much on the facts such as the decedent's state of mind and the size of the estate. Was anything done that might constitute undue influence. Are there any facts which would support a presumption of undue influence. Are there irregularities with the execution of the will. As to evaluating settlements, a person might have an excellent chance of setting aside a will but if the estate is small there might not be much reason to go through litigation and eat up the estate. I can't tell if your attorney is or is not advising you properly but remember that lawyers make their living litigating cases, so when a lawyer tells you to settle he is telling you something that is going to lose business. Without knowing more about the decedent's situation it is impossible to tell you if your lawyer is advising you properly. But, if you do have your own doubts, get a second opinion.

Re: will

Many issues are involved here. Is her father competent? If not, maybe a Guardianship proceeding is necessary, to protect his assets. Was he subject to undue influence in making the new Will? What other forms, if any, did he sign, such as giving him a Power of Attorney? Litigation can be expensive, as well as time consuming, in Will contests, and sadly to say the only ones who make out are the attorneys. If he is competent and just wants to help his son, there is no law that says one child cannot be preferred over another. You do not say what the estate is valued at, so if it is not large, maybe it may be cheaper to take the money offered and forget about it. If you and your FIL use the same lawyer, you should get a new one. A lot more information is needed to provide a better response.