The Matus Law Group (https://matuslaw.com/contesting-a-will-in-new-jersey/) has published an informative article discussing the legal process for contesting a will in New Jersey. The article explores the common reasons for challenging a will, who has the legal right to contest, and what happens if a will is successfully invalidated, aiming to help individuals understand their rights and options when dealing with disputed wills.
A will can be contested in New Jersey if there are valid legal grounds to question its legitimacy. The Matus Law Group explains that common reasons for challenging a will include undue influence, fraud, lack of testamentary capacity, and improper execution. “Contesting a will is a complex process that requires strong evidence to prove that the will does not reflect the true intentions of the deceased,” Christine Matus states.
Only certain individuals have legal standing to contest a will. The Matus Law Group explains that heirs-at-law, beneficiaries named in the will, and creditors with a financial interest in the estate may challenge a will’s validity. Heirs-at-law are typically immediate family members who would inherit under New Jersey’s intestacy laws if no valid will existed. Beneficiaries are those specifically named in the will, and creditors may have grounds to contest if they are owed money by the deceased.
To initiate a will contest, a formal objection must be filed in probate court. The Matus Law Group explains that the process begins with filing a caveat, which temporarily blocks probate. The challenger then gathers evidence, such as medical records or witness testimony, before filing a formal complaint. During the discovery phase, both sides present evidence and build their cases. If no resolution is reached through negotiation or mediation, the case proceeds to trial, where a judge determines the will’s validity.
Successfully contesting a will can significantly impact the distribution of an estate. The Matus Law Group explains that if a will is declared invalid, the court may reinstate a previous valid will, if one exists. If no prior will is found, the estate will be distributed according to New Jersey’s intestacy laws, which typically favor the deceased’s closest relatives. In cases where fraud or undue influence is proven, the court may disinherit the responsible party, redistributing their portion of the estate among other beneficiaries.
Because contesting a will can be an emotional and legally challenging process, The Matus Law Group advises individuals to seek professional legal guidance. “Understanding the legal requirements and gathering strong evidence are critical to successfully challenging a will,” Christine Matus explains. “A skilled attorney can help manage the challenges of probate litigation while protecting the rights of those involved.”
For individuals considering a will contest, understanding the legal process and potential outcomes is crucial. The article provides valuable insights into the steps required to dispute a will, helping individuals determine whether contesting a will is the right course of action.
About The Matus Law Group:
The Matus Law Group is a New Jersey-based law firm dedicated to assisting individuals with estate planning, probate, and will contests. Led by Christine Matus, the firm provides legal guidance to clients dealing with disputed wills and inheritance matters. With a focus on protecting clients' rights and ensuring fair estate distribution, The Matus Law Group helps individuals manage the challenges of will contests in New Jersey.
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