By Fredrick P. Niemann, Esq. a New Jersey Will Contest Attorney
The problem with a traditional Will Contest strategy is that no case is the same:
Traditionally, in New Jersey a will could not be contested prior to the death of the testator because a will does not take legal effect until the testator’s death, and because a living person is by nature “still living “therefore there is a lack of standing to file a claim. After death however, will contests can be frivolous and sometimes are filed to force a settlement that departs materially from the testator’s intent. The New Jersey Rule which adopts the “American Rule” with respect to attorney’s fees has fostered the use of frivolous litigation due to the lack of the possibility of fee-shifting to the party that contests a will unsuccessfully. Will contests can place serious financial strain on estate assets. This risk to estate assets often results in the payment of settlement funds to compromise frivolous claims, resulting in the distribution of estate assets to persons not intended by the testator to be beneficiaries.
A lawsuit may be used by a disappointed heir to embarrass the testator and testator’s beneficiaries.
Are you an executor of an estate or beneficiary? Contact me personally today to discuss your New Jersey Will contest matter. I am easy to talk to, very approachable and can offer you practical, legal ways to handle your concerns. You can reach me toll free at (855) 376-5291 or e-mail me at email@example.com.