Yes. The general rule is that anyone who is adversely affected by a will has standing to challenge it. In New Jersey, this is defined as anyone who is "aggrieved" by the probate of a will. This means that any person who would inherit if there were no will or a person whose interest has been deleted or diminished from a prior will can challenge the latest will. Most, if not all, states provide that if a decedent dies without a will leaving a spouse and children, the children will receive some part of the estate. Since they would receive something if there were no will and if the will gives them nothing, then they are adversely affected by the will and may challenge it. There are several circumstances where all of the children join together to challenge a will. One common situation is where a person has married a second time and has children from the first marriage. If that person leaves everything to the second spouse, as is common, the children receive nothing. This means they receive none of the family heirlooms. In that situation, all the children usually combine to challenge the will.
That depends on your state laws and state laws vary on that topic. In some states disinheritance is allowed as long as the disinherited child is mentioned in the will. If not mentioned in the will the court may assume the child was forgotten and will give that child an intestate share of the estate. In some states a child need not be mentioned in the will at all. In most states a minor child cannot be disinherited. You should consult with an attorney who specializes in probate law in the state where the decedent died.
A sprint or a distance run, such as a marathon, are examples of a contest. ["Contest" as a noun] The defendants contest all of the plaintiff's allegations. ["Contest" as a verb]
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You cannot contest a will at all if there is a no contest clause, or else the benefactor who made the contest will be entirely disinherited. One of the requirements for contesting a will it that you somehow have a connection to the will and feel harmed by its contents. You either have to be named in the will, but feel that you should have inherited differently, or weren't named in the will and should have been named in it or would have received money if the person had died without a will. You must have a valid reason to challenge a will, such as undue influence, fraud, mistake, or loss of mental capacity of the testator. Simply being upset with your inheritance amount isn't an actual reason to contest a will. If you find that you cannot contest the will, you can file a lawsuit against the person who is receiving the property you think should be yours when the creator of the will is still alive. It depends on the State in which a person is incarcerated as to the procedure of contesting a person's will. In most cases, getting in touch with a lawyer should be a great start.
The estate of the deceased is responsible for paying all the deceased's lawful debts.
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You can try. If you can prove you have direct relations to the deceased, you can put forward a claim on the estate based that you are an heir of the testaor. However, this can be costly in legal fees, and in the end, you may end up with nothing.
If there is a will, the executor makes all mortgage payments from the estate of the deceased.
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Yes, they can contest the will.