What to do when a Will’s validity is contested – Advice from Elder Law specialists

While we would all like to hope and believe that our assets and estate would be passed on in accordance with our wishes, the sad truth is that many times this does not happen. Whether through negligence in planning properly before death, poorly drawn up wills and other documentation, or having multiple heirs who are not in agreement about their rights to property of the deceased. These disputes can be ugly, especially if large sums of money are at stake.

There are essentially two scenarios here:  Avoiding conflicts over your will after you die, and contesting a will left by someone else.

How to Challenge A Will’s Validity (Contested Will)

If you’ve recently experienced the passing of a loved one and the validity of their Will is being contested, your best bet is to have a lawyer review the current version of their Last Will and Testament.  A Last Will and Testament can be a complex document that requires an experienced eye to understand both what is said and what isn’t said and how that may affect your claim to property.

During the probate process, the will and all contested claims will be considered by a court when making a final disposition of the estate.  When you hire us represent your claim, our responsibilities will include:

  • Locating and analyzing the current Will.
  • Assessing its validity in the face of other documents
  • Presenting your claim to a probate court.
  • Negotiation with the executor and other principles of the will on your behalf.

How To Avoid Conflicts Over a Wills Validity After You Die.

On the flip side, if you are concerned that you may be leaving your estate into a potentially divisive situation.  Here are a few things to keep in mind.

  1.   Involve your heirs in the estate planning process. The more they understand your wishes before you die, the less likely they are to fight over it afterwards.
  2. Draft a comprehensive and an “air-tight” will.  This kind of work is not for the do-it-yourselfer, you should be hiring a competent elder law attorney to do this.
  3. Be fair in the distribution of your estate. You know who is likely to challenge your will.  Sometimes its better to leave them something than risk that they muddy the waters later.

SCC Legal can Represent Your Interests Through the Probate Process.

During the probate process, the will and all contested claims will be considered by a court when making a final disposition of the estate.  Frank Campisano of SCC Legal is highly experienced at providing successful resolutions to these matters as part of his commitment  to providing outstanding elder law services in New Jersey. If you would like more information about elder law and all it entails, if you are in need of legal advice, or if you have any questions, please do not hesitate to contact us today.

We look forward to hearing from you.

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