By Fredrick P. Niemann, Esq. a NJ Probate Dispute Attorney
Yes, there are many possible risks when challenging the probate of a will in New Jersey. But like anything else, there are also possible benefits. Here’s a list of potential disadvantages.
Often parents and presumed beneficiaries fear offending the testator, and thereby risk disinheritance and may defer filing a good faith and valid contest to a will. There is also a risk of post-death claims based on alleged undue influence on the testator or fraud at the time of the will signing.
The jurisdiction of the New Jersey courts over the case is often an issue. There is the risk that another state will not recognize or give effect to a NJ judgment in the event of an unknown change in domicile prior to the death of the testator, or with respect to out of state real property.
Finally, heirs may not be willing to fully participate in adversarial litigation commenced by the others because heirs are forced to make decisions about litigation without knowing the value of the estate at death, and cannot make a good faith determination of the favorable economics of the litigation.
Contact me personally today to discuss your New Jersey probate dispute 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 firstname.lastname@example.org.