When someone dies, wills, trusts and other testamentary instruments may be contested for their validity because of undue influence of a third party, the lack of capacity by the will signer, forgery or alteration. If you need our legal services, Cohn Lifland Pearlman Herrmann & Knopf LLP is ready to serve.
Reasons For Contesting Testamentary Documents
A charge of undue influence may be based on conduct of a third party that causes the testator to favor one person over another. Proving this can be difficult. A will can be contested because a beneficiary believes that it was the product of undue influence. In some cases, a will has been found to supersede the legality of another, leading to contested cases. Through thorough analysis of communications between interested parties, medical and financial records, and a variety of other evidence, a skilled attorney can question the validity of such documents.
When To Contest A Testamentary Document
A will may be contested before or after it is offered for probate. If you contest a will prior to probate, you should file a caveat with the Surrogate’s Court where the estate will be subjected to probate (county of residence of the decedent). This raises an issue as to the validity of the document. The issues set forth in the caveat need to be addressed before being allowed to continue through the administration process. If you are contesting a will in response to probate, you must file a complaint with the Chancery Division of the Superior Court of New Jersey. Whether in Surrogate’s Court or Superior court, both sides will present evidence and witnesses to support their position. The court will decide on the matter.
Contact Cohn Lifland Pearlman Herrmann & Knopf LLP
Cohn Lifland Pearlman Herrmann & Knopf LLP is proud to offer New Jersey clients an established and effective estate and probate litigation practice. Our firm has an esteemed reputation as one of the state’s most successful and dedicated team of litigators. If you need a law firm with the experience and skill to litigate your estate matter, Cohn Lifland Pearlman Herrmann & Knopf LLP is here to serve. Our firm has handled countless cases of estate and probate litigation issues, protecting the rights of beneficiaries.
If you need our quality legal advice or representation, don’t hesitate to contact us today. Email us online or call 201-845-9600 today. From our office in Saddle Brook, our lawyers help clients throughout northern New Jersey.