Legal Question in Wills and Trusts in Pennsylvania

I think that the Will presented to probate regarding my father's estate is false and forged. What can I do? I live in PA but the estate/probate is in New Jersey.


Asked on 5/13/16, 10:38 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

You will have to engage a NJ lawyer who will challenge the will for you in the county where the will was probated.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 5/13/16, 12:51 pm

You can try re-posting your question to NJ attorneys. Where you live is irrelevant. Wherever the will is probated is going to govern. However, if you have evidence to support your contention, you will definitely need to hire a NJ probate litigation attorney. A caveat (challenge) to the will must be filed. Some states have time limits and you do not indicate any relevant facts like when your father died, what will was probated or even if it was probated and why you believe the will was false .

Caveat challenges are very very expensive. These are not contingency fee cases. You will need to gather your information and find a probate litigation attorney who practices in the county where the estate is or would be pending. And caution - not all probate attorneys are good litigation attorneys. To succeed in a caveat, you need a good probate litigation attorney. To know if a challenge is worthwhile, you will need to knows what probate assets your father owned and how much you would stand to inherit if the will is tossed out. Old prior wills are not necessarily revived by a caveat and you would need to know what you stand to inherit under NJ intestacy laws. Also, you need to know what assets there are - makes no sense to spend $20,000 only to recover $5,000 unless you are independently wealthy and have the resources to prove a point.

Read more
Answered on 5/14/16, 1:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania