A will is considered invalid if it is fine that the process of drafting includes any type of coercion or fraud. This is because the will must be made and implemented to honor the wishes of a deceased loved one. Fraud in the will represents disrespect to their last wishes.
If you suspect invalidity in a will due to fraud, it is essential to contact Cherry Hill NJ Probate Lawyers and take the following measures.
Consulting a probate attorney
After the death of a family member, the relationship between the remaining relatives can become emotionally complicated. Often people need to think about them properly to make decisions. Therefore, it is essential to contact an attorney to seek guidance regarding any steps related to the will. They are experienced in handling complicated probate matters and other issues about elder laws.
If you plan to file a complaint formally, the lawyer tending to your case will require certain documents. Those documents will be vital evidence for proving the fraud committed to executing or creating a will. The evidence can be anything, depending on the case. If the testator of the will was mentally incapacitated and signed a will that is not what they would’ve wanted, medical records of their illness can help prove the fraud. This will help to establish that the deceased loved one was manipulated and misinformed regarding the will’s contents. It helps to prove that they disagreed with the will but signed it anyway, as they did not have complete information regarding the document they signed.
Filing a Complaint
The beneficiary who decides to contest the will must also file a formal complaint mentioning the deceased person and the will in question. The complaint must contain a list of reasons for contesting the well and essential information supporting it. The attorney hired by the person challenging the will can make the complaint after assessing the situation.
Filing the Complaint with the Court Clerk
After that, the lawyer hired by the person contesting the will submits a complaint to the court clerk. It must be submitted to the same code in which the probate process takes place regarding the will. The court clerk prepares copies of the formal complaint, submits the original one to the court, and distributes the other copies to the lawyers involved. There are charges for raising a lawsuit for a will contest.
After filing a complaint, It is given to all the parties involved in the process of probate, i.e., the executor and the beneficiaries of the will. The deputy sheriff gives the documentation, and the receivers provide proof of service forms to establish that they have got them. Certified mail or also used for the delivery process. All the parties receiving the legal notice call Will complains to likely allow giving a response against it. They can respond by dismissing the claim. If the claim gets dismissed, a motion can be passed to dismiss the hearing. In such cases, the jury makes the final decision regarding the case’s litigation.