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How much time do you have to contest a will?

The contesting of a will is an unfortunate occurrence in a family, especially after the loss of a loved one. One family member feels cheated, and under some circumstances, those feelings are valid. From the testator lacking the capacity to change the will to the will receiving revisions through fraud, there are numerous grounds for contesting. When a family member feels cheated, it is critical for that individual to know when to file the proper paperwork. 

New Jersey has strict laws in place regarding how long a person has to contest a will. You have a right to contest any estate plan that you feel is unfair, but you need to be cognizant of your rights and the statute of limitations in our state. 

The statute of limitations

For contesting most documents in New Jersey, the statute of limitations is quite lengthy. Any action related to a breach of contract provides the individual with six years from the date of the breach. However, the time period for contesting a will is much shorter than other legal documents. For a will, you have four months after the will's probate to file a contest. If you live outside of New Jersey but become impacted by a will in-state, then you will have six months to contest the will. 

There are exceptions. A New Jersey court will provide you with a 30-day extension if you can demonstrate good cause. The courts are aware that there is only a short amount of time to file a contest of a will, so many people can acquire a contest extension fairly easily. Due to this, it is critical to learn the ins and outs of estate planning so that you know when something is amiss. From there, you need to get in touch with an attorney right away to start filing all the proper paperwork so that you can get everything started quickly. 

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Thomas N. Torzewski, LLC

Torzewski & McInerney, LLC
60 Washington St
Suite 104
Morristown, NJ 07960

Phone: 973-532-2868
Fax: 973-359-0077
Morristown Office Location