Legal Question in Wills and Trusts in New Jersey

In NJ, we have properly admitted a will (which was written by the deceased's private attorney 2+ years ago, properly witnessed and signed) to probate, on the 11th day after the passing of the deceased. Now, roughly 3 weeks after the admission of the will, an attorney for a specifically disinherited heir is attempting to file a caveat against the will. QUESTION: Can he do this? It was our understanding that a caveat must be filed before the will was admitted to probate.


Asked on 1/26/10, 10:15 am

3 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

It's too late for them to file a caveat, since the Will has already been admited to probate.

However, they can still contest the Will even after it has been admitted to probate. You need to send everyone "Notice of Probate" ASAP to start the clock running on the time for anyone to contest the Will....However, based on your question, it seems very likely that you should expect a Will contest case.

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Answered on 2/01/10, 7:34 am
Rosemary Simon Hoyle Law, LLC

The attorney can attempt to file a Caveat but will be unsuccessful. Once a Will has been admitted to probate, an opposing party will have to contest the Will through an application with Superior Court.

Best regards,

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Answered on 2/01/10, 10:01 am
Walter LeVine Walter D. LeVine, Esq.

Adding, that the Will contest has a time limit to be initiated after the Will has been probated. Be mindful that a Will contest can be time consuming and expensive, so unless there is a strong case to fight the claim by the disinherited heir, settlement might be considered.

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Answered on 2/01/10, 10:24 am


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