Frequently Asked Probate Questions
Probate is not often a work that people hear until they need to know about it already. Here at Joel A. Drucker, Attorney at Law, I know how complicated things can be, and I want to help clients in Morris County answer some of your first questions about it.
What Is Probate?
Probate is the process where the state one lives in at the time of their death oversees the efforts of distributing the assets of a deceased person’s estate. This involves the state recognizing the will of the deceased to help with this process. Without these documents, they will select a person connected to the deceased to act as the estate’s administrator.
When Can I Contest A Will?
If you believe that the state is using a will that does not match the deceased’s final wishes, there are four grounds in which you can contest the will:
- Lack of testamentary capacity: This is a claim that the deceased was not mentally capable of agreeing to the will that is being used.
- Undue influence: This is a situation in which the deceased was forced, either physically or mentally, to agree to the will the state is using.
- Lack of due execution: This would prove that the will being used was signed by the deceased and two witnesses.
- Fraud: An example of this would include forgery of a will.
If you believe any of these grounds apply to your case, contact an attorney immediately, as there is a limited amount of time contesting a will. In New Jersey, you only have four months to contest a will after probate begins. If the deceased resides outside of the state, you will have six months from the date of probate.
Why Do I Need An Attorney For Probate?
I have over 40 years’ experience in helping clients through the probate process. Even if things go smoothly, I can help you ensure that you are submitting the paperwork where it needs to go in a timely and accurate manner. I know what it takes to protect the best wishes of the deceased.
If you are in the Morris County area and are ready to begin your probate process with an experienced New Jersey lawyer, contact our Randolph office by calling me at 973-933-4207. Call today and schedule an initial consultation to discuss your options. We also help clients in New York and Florida.