What to know about a contested will

When a loved one passes away, the majority of the time they will have a will. Unfortunately, at the reading of the will, some people may be in for an unexpected result that they disagree with. In this situation, they may choose to contest the will. This means that they will challenge what was left in the will. It is not easy to contest such a document, especially considering the person who constructed it is now deceased. However, there are options that can be explored. The death of a loved one can be an incredibly stressful time and contesting a will may only add stress.

Some of the legitimate reasons for contesting a will can include the belief that there was an influence by another party, the person did not have the capacity to make informed decisions at the time, the will was altered or forged by someone other than the person whose will it was.

If you feel the need to contest a will, it can be done before or after probate has occurred. An investigation into the creation of the will must take place once you file a complaint with the Chancery Division of the Superior Court. This can become very complicated and may require witness testimony and evidence to determine whether or not the will can be justified.

Joseph Gachko, Esq. is an experienced New Jersey attorney who can assist you in any of your estate or real estate-related legal matters. If you require legal counsel for your real estate matters, please contact The Law Office of Joseph Gachko today to set up a consultation.