Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Tag: Will Contest Attorney

Who Can Challenge a Will in Bucks County?

Posted on Wed Jul 8, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My grandfather, a resident of Bucks County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke, but now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive a portion of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership. To be successful, you would first have to prove that the joint account was created improperly—perhaps under undue influence or forgery—so that the assets would pour into the estate.

Klenk Law

How long do I have to challenge a will that I think has been forged?

Posted on Wed Jul 1, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My neighbor said that she was going to leave me money in her will. However, after my neighbor’s death, a distant relative of hers filed a will with the Philadelphia County Register of Wills that gave everything to that relative. I think that will is a forgery. Is there a statute of limitations period for me to challenge the will?

Yes. If you had acted before the will was filed, you could have had your Philadelphia Probate Attorney file a caveat with the Philadelphia Register of Wills. Doing this would have prevented the distant relative from obtaining Letters Testamentary until you had the chance to review the will and decide if you were going to contest the will.

Klenk Law

Lehigh County Will Contest, An Introduction.

Posted on Wed Jul 1, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: After reading the information on your site, I believe my brother used undue influence to get my father to change his will. If I decide to challenge the will, where will the trial be held? How long will the process take?

Where you live, will contests are heard by the judges in the Lehigh County Orphans’ Court, located in Allentown. In many cases, will contest challenges settle before a trial. If the case settles, the parties could agree to terms in a matter of weeks. We’ve even seen family members settle challenges on the courthouse steps minutes before trial.

Klenk Law

How do I challenge a will that doesn’t give something promised to me?

Posted on Thu Jun 18, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My neighbor promised to give me her Philadelphia house in her will. She died recently and her son, who did not talk to her for 10 years, has filed a Will from the 1970s that gives him everything. Can I challenge that will?

If I understand the facts correctly, your neighbor died and — to the best of your knowledge — her most recent will was the one her son filed with the Philadelphia Register of Wills. That will is very old, but — again, as far as you know — is the most recent Will she signed. Though she verbally promised to give you the house in Philadelphia, she failed to write a new will that backs up your claim.

Klenk Law

Philadelphia Will Challenges; a Short Introduction

Posted on Tue Jun 9, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My grandfather, a resident of Philadelphia, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed, giving everything to my aunt. We believed that my grandfather died broke. However, now that my aunt died, we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.

Klenk Law

What’s the Statute of Limitations for Will Challenges in Montgomery County, PA?

Posted on Mon Jun 1, 2015, on Will Contests and Will Challenges

From our “Ask a Question” mailbag: My Grandfather, a resident of Montgomery County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed giving everything to my aunt. We believed that my grandfather died broke, but now that my aunt died we found out that he had a joint account with her containing a large sum of money. The prior will states that I would receive one-fourth of his estate. Can I challenge the will?

First, a will challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the will has no effect on the joint ownership.

Klenk Law

Pennsylvania Will Challenges; An Explanation

Posted on Tue Jan 27, 2015, on Will Contests and Will Challenges

My Grandfather, a resident of Lehigh County, Pennsylvania, died of dementia 12 years ago. Shortly before his death, his will was changed giving everything to my Aunt. We believed that my grandfather died broke, but now that my Aunt died we found out that he had a joint account with her containing a large sum of money. The prior will stated that I would receive one-fourth of his estate. Can I challenge the will?

First, a challenge case alone based on incapacity or undue influence, even if successful, would not help you. You stated that the funds were in a joint account. A joint account passes outside of probate, meaning the Will has no effect on the joint ownership.

Klenk Law

Executor Options for Handling a Will Challenge in Camden County, NJ

Posted on Tue Oct 7, 2014, on Will Contests and Will Challenges

Question: My brother froze my mother’s will at the Camden County Surrogate’s Office. He says he is challenging the Will. What can I do?

First, let me clarify what has happened. Your brother has filed a Caveat with the Camden County Surrogate. By filing a Caveat, any interested party can prevent the Surrogate from immediately accepting a will and giving the executor the power to control the estate assets. When a Caveat exists, any will filed is then held, and the person who filed the Caveat is notified. In theory, the person who filed the Caveat will then go to the Camden County Surrogate’s office to review the will. If they wish to challenge the will, they will then proceed. If they do not wish to challenge the will, they will withdraw the caveat.

Klenk Law

New Jersey Will Contests

Posted on Mon Aug 13, 2012, on Will Contests and Will Challenges

Any number of reasons may cause a contest. Sometimes a will contest stems from the deceased’s discomfort with death and taxes, so issues that should have been addressed during lifetime are left unresolved and can only be settled in the Surrogate’s Court. Some Will contests are due to bad drafting by attorneys not trained and experienced in wills, trusts and estate planning. Sometimes dishonest actions by dishonest people cause will contests. As veteran Will Contest Attorneys we get to see the good, the bad and the ugly side of people. From Sussex County in the North, to Cape May County in the south, greed will often raise its ugly head when a person with assets is in a weakened state and susceptible to undue influence.

The parties to a will contest may vary. Our will contest lawyers have represented heirs, descendants, family members who were excluded or received reduced amounts in the Will and charities or other non-profits who the deceased promised a share of the estate. If charities are involved, the attorney general may also become a party to the contest.

Klenk Law

Camden County Will Challenges, Explained for the Non-Lawyer.

Posted on Thu Aug 9, 2012, on Will Contests and Will Challenges

Most people are honest, but some people are not.

As New Jersey Challenge Attorneys, we focus our litigation practice exclusively on Will Challenges, Will Contests and other estate disputes. Over our many years as Will Challenge Lawyers we have seen the dishonest things that some people will do; including forging wills and using undue influence on people to sign wills.

Time Limits, 4 months or 6 months: If you feel a Will Challenge need be made, act quickly or you may lose your chance for challenging the Will. If you are a New Jersey resident, you only have four months to file your petition or if you are a non-New Jersey resident you have only six months. If you delay, you are bared from filing your Will Challenge and a wrong might go undiscovered. It would be even better if you contact us prior to the Will being filed, as our Will Challenge Lawyers might be able to prevent the Will’s even be filed with the Surrogate.

Klenk Law

What Our clients are saying

Klenk Law Logo
Stars

Kevin K.

I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.

Klenk Law Logo
Stars

Susan W.

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Klenk Law Logo
Stars

Darryl J.

Answered my question quickly and referred me to a colleague that could handle my problem

Klenk Law Logo
Stars

Sharon S.

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

Klenk Law Logo
Stars

MJG

Affable...yet surprisingly cerebral estate planning atty. High marks all the way around.

Let us put our expertise to work for you.

Free consultation within 24 hours.