When to file a will contest in New Jersey?
Will Contest in New Jersey. New Jersey has strict time limits for commencing such an action. Under New Jersey Court Rule 4:85-1, a New Jersey resident has four months from the date of probate to challenge a will. Someone who resides outside of New Jersey must file the appropriate legal papers within six months of the date of probate.
When is the best time to contest a will?
In most instances, you have a limited time to contest the will and if you do not do so within that time frame you are barred from bringing an action. So it is important to consult with a lawyer soon after the death. Most cases settle.
Can a will be challenged in New Jersey?
Common grounds for the challenge of a will in New Jersey include that the testator lacked testamentary capacity and/or was subject to the undue influence of another beneficiary of the will. Generally, any one who is of sound mind can make a will, and a low degree of capacity will suffice.
What does standing mean in a will contest?
In the context of a will contest, standing means that the party involved in the lawsuit will be personally affected by the outcome of the case. It means that the person contesting the will must either be an intestate heir or a beneficiary named in the decedent’s prior will.
Is there a will contest in New Jersey?
– Will Contest Lawyers Under the New Jersey Court Rules, individuals have a limited opportunity to challenge a will.
How long does it take to challenge a will in New Jersey?
New Jersey has strict time limits for commencing such an action. Under New Jersey Court Rule 4:85-1, a New Jersey resident has four months from the date of probate to challenge a will.
How long do I have to file a will contest?
While there are certain exceptions to the rule, generally speaking, a person seeking to contest a will has only four months after probate of the will, or if the person resides out of state, six months, to file a complaint alleging the invalidity of the probated will.
Who is the best attorney to contest a will?
It is advisable to retain an attorney who specializes in estate and trust litigation if you wish to contest a will, or if you are named as executor in a will and suspect that someone may file a challenge to the will.