How can I contest a Will?

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How can I contest a Will?

We the family believe that the will was not signed by the person named on it; we believe it was forged because the signatures don’t match. And my brother could not function nor talk the last 3 monthes of his life. The Will was signed a week before he died. He wasn’t able to speak or move at that time. He was in the hospital in ICU with a feeding tube and ivs pumping pain meds into him. We was not alert nor did he now what was going on. He have brain cancer. The medical records can prove that he was not of sound mind and memory. And he was under the influence on morphine.

Asked on April 25, 2012 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  You need grounds to contesta a Will and it seems from what you have written here you hve a few that New Jersey recognizes: forgery and lack of capacity.  A Will is contested by what is known as a Motion to Contest a Will.  The clerk of the probate court may be able to give you a sample of one although it may be a good idea to hire a lawyer to help.  You need to establish to the court that you have a right to contest the Will (you are an heir or close relative).  Good luck. 


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