QUESTION

How does a family member see a will before probate proceedings, in order to contest it?

Asked on May 23rd, 2012 on Wills and Probate - New Jersey
More details to this question:
N/A
Report Abuse

1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Depending on the family dynamics, it may not be possible to get a copy of the will or review the will before it is admitted to probate.  Probate means to simply "register" the will and once it is probated, it is a public document and you are entitled to a copy of it.  If you disagree with the will, or think that it was created because of undue influence, you can file a challenge in the court to dispute the will.  You can call the surrogate's office in the county in which the person died and ask whether a will for their estate has been admitted to probate. There is also something called a "caveat" which will prevent the probate of a will. If you file a caveat, then anyone trying to admit a will to probate will be prevented from completing the probate.  you should file a caveat if you think someone will try to file a fake will, or if the person had more than one will and you are not sure which one is valid.  If you file a caveat, and someone tries to probate the will, you will get notice of that, and they will not be able to probate unless and until you remove the caveat.   
Answered on May 23rd, 2012 at 4:44 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters