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Can I Contest a Will in New Jersey?

April 13, 2021

Wills are among the most important documents in the estate planning process. That being said, oftentimes, people feel as though their loved one’s will is invalid in some way. Please read on and reach out to our experienced New Jersey estate administration attorney to learn more about how our firm can help you through the legal process going forward.

What Is the Importance of Creating a Will?

Creating a will, as well as a comprehensive estate plan, is one of the most important things an individual can do to ensure all their assets are distributed as they would have intended upon their passing. Fortunately, in many cases, as long as someone drafts their will with the assistance of an experienced estate planning attorney, when they pass, everything goes according to plan. The person who passes away with a will is known as a decedent, and that decedent will appoint several people in different positions in their lifetime. Among these positions are executors, guardians, and trustees.

Generally, the executor is the one who handles the estate administration process upon the decedent’s passing, and usually, when there are disputes regarding the will, the executor is the one who comes under fire. That being said, guardians and trustees are oftentimes appointed by a decedent who is the last remaining parent of a child under 18 years of age. Trustees manage certain trusts and assets until the child is of age, and guardians will watch over that child until that child is at least 18 years of age.

What Are Some of The Most Common Reasons People Contest Wills?

Unfortunately, there are times where wills do not meet certain criteria, and if a family member feels as though the will is not as it should be, or that they are being cheated out of certain assets, there is a very good chance that person will contest the will. Generally, these situations arise when individuals feel the will was either created while the decedent was not in a sound mental condition to do so, or if they believe the will was created under bribery, coercion, or deception. However, a relative may also contest a will if they feel it was simply improperly executed. No matter the cause, if you feel your loved one’s will is invalid in some way, our firm is here to help.

Contact Our Experienced New Jersey Firm Today

Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 25 years. That is why we are confident we have what it takes to provide you with the effective legal counsel you need. If you need experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.