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Estate litigation: Contesting a will is not a walk in the park

| Feb 19, 2019 | Estate Litigation |

When a loved one dies, it is normal to want to close out his or her estate as quickly as possible and move on with life. It is not something people want to dwell on or drag out for years. Unfortunately, some individuals may take issue with the contents of their loved one’s will. When that happens, estate litigation may be the only way to resolve the matter in the state of New Jersey.

Before jumping on the litigation bandwagon, there are some things everyone needs to understand about contesting a will. First, litigation takes time and can cost a lot of money. Most attorneys will not take on estate litigation cases on a contingency fee. If a lawyer offers this option, it is best to check his or her record and experience level before accepting his or her services.

Second, be prepared to ride an emotional roller coaster. At the end of the day, some people honestly cannot handle some of the information or accusations that come out during estate litigation. It can be hard to hear, and it can be difficult to testify under the circumstances. Those who wish to contest a will need to ready themselves for the ride, as it will not be an easy one.

Third, be ready to make quick decisions. Those who wish to contest a will only have so much time to file their claims. If one fails to make quick decisions, he or she may lose the opportunity to bring action.

Finally, fourth, there is nothing wrong with settling the matter. Most estate litigation cases actually settle before they go to trial, and there are a number of reasons why this occurs. At the end of the day, this is not a bad thing. It can save people a lot of money and time in the long run. Legal counsel can help one determine if settling is in one’s best interests.

Contesting a will, whether it is done in New Jersey or elsewhere, is not a walk in the park. Estate litigation can be messy. An experienced attorney can assist those interested in pursuing estate litigation to get through it as quickly and painlessly as possible.