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McCurrie McCurrie
& McCurrie, L.L.C.

680 Kearny Avenue
Kearny, NJ 07032-3010
Phone: (201) 467-4180
Fax: (201) 997-9567
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Beyond estate administration and probate in New Jersey

Sometimes when our loved ones pass away and the end of life documents are read, we have cause to dispute what these documents might reveal. In most cases, this happens not because we want more than our share from the estate, but because we believe our loved one's final wishes went unanswered. During probate administration or probate, those who have concerns do not always find the solutions they seek, leaving civil litigation as one possible solution to a will dispute.

In a best case scenario, concerned family members can find an estate planning attorney with the skill to resolve a will dispute without ever going to court. However, even if such attempts fail, there are other legal options available for survivors, including courtroom litigation. By most accounts, disputing or challenging a will is quite difficult, but it is not impossible. Some scenarios which might result in successful civil litigation include:

-- Suspicion of fraud or forgery-- Presence of a newer will-- Insufficient number of witnesses, according to state laws-- Lack of testamentary capacity-- Insufficient or improper provisions of the will-- Residency issues

If you have reason to dispute a loved one's will, be prepared to commit yourself to the case whether your goal is an out of court resolution or a courtroom settlement. Disputing a will is a big decision however you look at it, and giving the matter due thought and consideration beforehand is critical. If you are not sure about whether you want to dispute your loved one's will, you can find some helpful information on our website's probate and estate administration pages.

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