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If you are the executor of an estate, you face substantial legal and financial responsibilities. You must open the estate, collect and inventory assets, collect debts owed to the estate, distribute assets to the beneficiaries, and close the estate. Any mistake in performing any of these steps may not only delay the probate procedure, but also could cause legal problems for you. If you are an executor, contact an attorney experienced in probate and estate administration to help you navigate the probate process.
Learn More About Probate and Estate Administration
Generally, probate and estate administration is the process of settling a decedent's estate by resolving all of his or her debts and distributing his or her property to the estate beneficiaries. Probate is required for most estates, including those which involve a will and those which do not.
At the law firm of Kelaher, Garvey, Ballou, Van Dyke & Rogalski, P.C., our attorneys are able to handle large, complex estates, as well as contested estates. We represent the best interests of executors, administrators and individual family members who become involved in probate disputes for clients throughout Toms River, the New Jersey Shore and the surrounding areas.
When you rely on our team of legal professionals, you can expect to receive compassionate, quality legal advice and representation.
For more information about how we handle probate and estate issues, visit our Probate and Estate Administration page.
Below, we have provided some information about probate and estate administration to help educate you about the relevant issues. If you are ready for answers about your specific case, visit our contact page to schedule a consultation.
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Our attorneys help individuals and families throughout New Jersey who need help administering estates. When you rely on us to handle your case, you can count on receiving quality legal advice and representation from one of our experienced probate and estate lawyers.
To learn more about the probate and estate administration process, please call 732-606-4590 or visit our contact page to set-up an initial consultation with one of our legal professionals. For your convenience, we will be more than happy to discuss your case with you over the phone, at our office or at your home.
Will Contests
The fact that a person (the decedent) leaves a will does not guarantee that the decedent's property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a challenge may be brought by anyone with an interest in the will who believes the document is invalid in some way. A will contest is an action challenging the validity of the will and is commonly governed by state statutes.
If you believe a will is invalid, or if someone is challenging a will you are administering or benefiting from, you should contact an attorney with experience in will contest cases. Kelaher, Garvey, Ballou, Van Dyke & Rogalski, P.C. can assist you with this type of difficult and emotionally-charged case, and can advise you on the best way to proceed under New Jersey law.
Grounds for contesting a will include:
- Later Will. If a later will was made, and the making of the will conformed to the necessary legal requirements, then the later will replaces the earlier will.
- Incapacity. A valid will requires that the decedent was of sound mind at the time the will was made. The "sound mind" requirement typically requires that at the time the will was made, the decedent had the ability to generally understand the nature and extent of the property to be disposed, his or her relationship to those who would naturally claim a benefit from the will, and the practical effect of the will as executed. Proving that the decedent was mentally ill or under the influence of alcohol or drugs at the time the will was made are ways to establish incapacity.
- Undue Influence. If at the time the will was made, the decedent did not exercise his or her judgment in making the will, but rather made the will according to the wishes of another, the will may be found invalid on the grounds of undue influence. Coercion, duress and fraud are examples of undue influence.
- Improper Execution. A will must be properly executed in order to be valid. This requires that the creation and the execution of the will conform to the state's requirements, which can include the will having to be in writing and signed by the person making the will (the testator) and that the will be witnessed or notarized.
- Forgery. A will can be found invalid if any portion of the will, including any terms of the will or the signature of the testator or the witnesses, are determined to be forged.
There is a limited amount of time set by state statute to challenge the validity of the will on one of these grounds. If the validity of a will is successfully contested, the probate court may:
- Disallow only that part of the will that is successfully challenged
- Admit an earlier valid will (if one was made) in its place
- Determine that the decedent died intestate and distribute the assets according to the state's intestate succession laws, which are the legal default rules for estates without a will
Conclusion
The consequences of a will contest are significant for all of the parties involved. If there is the possibility of a will contest, contact an attorney experienced in probate and estate administration at Kelaher, Garvey, Ballou, Van Dyke & Rogalski, P.C. in Toms River, New Jersey to ensure that your rights are protected throughout the process.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
