What Must You Prove When Challenging a Will?

By Fredrick P. Niemann, Esq. a New Jersey Will Contest Attorney

In NJ the burden of proof to contest a will depends on what date the will being contested is filed. If the will is contested before it is admitted to probate, the burden of proof is on the person who is claiming the validity of the will.  If the will is contested after the will has been admitted to probate, the burden of proof is on the person challenging the will.

The date that the will is admitted to probate is also the date that the will is filed for probate. There is no probate hearing unless probate is challenged.  If so, at a hearing the probate judge will decide to admit or suspend the will for probate. That day is the crucial day for determining who has the burden of proof: For more information on the probate process, go to www.probateattorneyinnewjersey.com .

The foregoing information is general in nature and does not apply to every fact situation. If you have an inheritance dispute, a property dispute or want information about contesting a will, contact me personally today.  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 fniemann@hnlawfirm.com.