After the death of a parent, you will be devastated. You do not want to talk about money. However, what if you found out you got nothing, but your siblings got everything? If you are a New Jersey resident who has a probate dispute with your siblings over your parents’ will, you feel frustrated and hurt by the situation. You wonder why your parents left you out of the will and gave everything to your siblings. You may also suspect that your siblings influenced your parents’ decision, and as a result, you likely believe that the will is not valid.
In such cases, you may have a legal right to challenge the will and seek a fair share of your parents’ estate. However, you need to act quickly and follow the proper procedures to protect your interests.
First, gather evidence to support your claim. You will need to prove that you have a valid reason to contest the will, such as fraud, undue influence, lack of capacity or improper execution. You will also need to show that you have standing to challenge the will, meaning that you are an interested party who would benefit from the will being invalidated.
Second, notify the executor and the beneficiaries of your intent to contest the will. You must do this within four months of the date of probate or within six months if you live outside of New Jersey. If you miss this deadline, you may lose your right to challenge the will.
Finally, prepare for a possible trial. If the executor and the beneficiaries do not agree to settle the dispute out of court, you may have to go to trial and present your case before a probate judge. This can be a lengthy and costly process, so you should weigh the pros and cons carefully before proceeding.
Probate disputes can be emotionally and financially draining for everyone involved. If you are a New Jersey resident who believes that you were wrongly left out of your parents’ will, you should seek legal help as soon as possible to protect your rights and interests.