Legal Question in Wills and Trusts in New Jersey

wills and estate

I am or was party to my aunt's will.I have an unscrupulous uncle who has managed to have her change the will.She is about to die and I don't know what can be done.Estate is worth about 650.000.


Asked on 4/19/08, 8:07 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: wills and estate

I agree with Jon that there is little you can do now, unless you have time to go through capacity litigation on her behalf (this is time consuming, costly and requires medical-psychiatric evaluation), as is likewise a Will contest. If you can establish that your uncle used "undue influence" to get your aunt to change her Will, the new one will be invalid and the prior one allowed to be probated. How much do you stand to lose and is it worth the possible expense and time consumption? If you need more information, contact me directly.

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Answered on 4/21/08, 4:08 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: wills and estate

If your aunt is about to die, she may not have the capacity to execute a new will. Your best option may be to file a 'caveat' against the probate of the current will, and then begin a will contest in court.

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Answered on 4/21/08, 9:26 am


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