Legal Question in Wills and Trusts in Pennsylvania
I think that the Will presented to probate regarding my father's estate is false and forged. What can I do? I live in PA but the estate/probate is in New Jersey.
2 Answers from Attorneys
You will have to engage a NJ lawyer who will challenge the will for you in the county where the will was probated.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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You can try re-posting your question to NJ attorneys. Where you live is irrelevant. Wherever the will is probated is going to govern. However, if you have evidence to support your contention, you will definitely need to hire a NJ probate litigation attorney. A caveat (challenge) to the will must be filed. Some states have time limits and you do not indicate any relevant facts like when your father died, what will was probated or even if it was probated and why you believe the will was false .
Caveat challenges are very very expensive. These are not contingency fee cases. You will need to gather your information and find a probate litigation attorney who practices in the county where the estate is or would be pending. And caution - not all probate attorneys are good litigation attorneys. To succeed in a caveat, you need a good probate litigation attorney. To know if a challenge is worthwhile, you will need to knows what probate assets your father owned and how much you would stand to inherit if the will is tossed out. Old prior wills are not necessarily revived by a caveat and you would need to know what you stand to inherit under NJ intestacy laws. Also, you need to know what assets there are - makes no sense to spend $20,000 only to recover $5,000 unless you are independently wealthy and have the resources to prove a point.