Learn the Signs of When to File a Will Contest and Probate Lawsuit

Written by Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a New Jersey Will Contest Probate Litigation Attorney

power_of_attorney_signature_s600x600There are generally signs you can identify that should alert you to file a will contest or estate lawsuit, or at least consult with an attorney about the advisability of filing litigation. If you begin to identify any of these signs or perceive yourself to be at risk, then please immediately contact Fredrick P. Niemann, Esq. to discuss your concerns. Fred has seen and heard it all and can intuitively tell you if there is just smoke or fire to your case.

You can reach him toll-free at (855) 376-5291

or you can email him at fniemann@hnlawfirm.com.

He’s really easy to talk to and interested in your concerns.

The following are the signs that identify when a will contest or estate lawsuit may be necessary:

  • Is the executor being evasive, dodging or failing to return your calls or emails? Are you being ignored and kept in the dark?
  • If you are the executor of the estate, is a beneficiary making unreasonable demands and/or making false and unjustifiable accusations against you and others, or threatening to sue you individually?
  • Do you have concerns or proof that the deceased person did not have legal capacity when he or she signed their will, trust or Power of Attorney?
  • Did the person acting as power of attorney (POA) misuse money wrongfully; was there theft from a parent or older person? Do you suspect financial elder abuse and/or exploitation? If so, go to my companion website, www.elderabuseinnj.com to learn more.
  • Was the will or trust changed significantly in its terms or modified and/or rewritten suddenly after many years, especially just before death?
  • Has or is the personal representative of the decedent (ie., the Power of Attorney, Executor, Trustee) failed in their fiduciary obligation to the beneficiaries and creditors of the estate?
  • Was there a second marriage by the decedent and the children of the first marriage disinherited even after promises by their parent that they would always be part of the will?
  • Did the deceased person have dementia and/or Alzheimer’s when he or she signed their Last Will, Living Trust or Durable Power of Attorney?
  • Do you have reasonable cause to suspect undue influence over the deceased person leading up to the signature of a will or trust or a Power of Attorney (POA) by the named beneficiaries?
  • Do you suspect fraud in the creation of the will or fraudulent misrepresentation that caused changes to be made to the trust?
  • Is the Executor, Trustee or Power of Attorney refusing to give an accounting of all income, expenses and disbursements made by them to others?
  • Were promises made by decedent not kept under their will or trust?

Fred Niemann, Will Contest Litigation Attorney in NJ

Fred Niemann, Will Contest Litigation Attorney in NJ

Hanlon Niemann has 30 years of complex estate and will contest experience. Our firm has experienced trial lawyers. We know the courts and how to represent your interests.

Call us toll-free at (855) 376-5291

or e-mail F.P. Niemann at fniemann@hnlawfirm.com to set up an office consultation at your convenience to discuss your particular needs.

He welcomes your calls and inquiries and you’ll find him easy to talk to and very approachable.



NJ Will Contest Attorney in these NJ COunties:

Freehold, Red Bank, Wall, Long Branch, Marlboro, Manalapan, Howell, Jackson, Brick Township, Holmdel, Middletown, Atlantic Highlands, Aberdeen, Toms River, Manahawkin, East Brunswick, Monroe Township, Cranbury, Lyndhurst, Teaneck, Hamilton, Robbinsville, Millstone, Manasquan, Lakewood, Eatontown, West Long Branch, Tinton Falls, Ocean Township, Neptune, Spring Lake