Can Will be contested before death when fraud is suspected?

Asked over 4 years ago - Atlanta, GA

My Aunt has Alzheimer. A friend of the family had her to execute a POA and a new Will on the same date making him executor and beneficiary. Also Quit claimed both her houses to himself. Documents were drawn up in NJ. He untilaterally moved her across state line to NY without consulting family members. We went to Court in Queens NY(where she now lives with him). They ruled POA and health care proxy invalid (she is legally an incapacitated person) but due to financial irregularities they removed money from his control. Family friend was given guardianship of her person because "she was being well cared for". The family is being told by Court Appointed Financial Guardian that Will can not be contested until after her death in NY. Does this law apply in NJ?

Additional information

Original 1997 Will drawn up in NJ disappeared from My Aunt's house. I was left the beneficiary of her entire estate. We contacted the lawyer who kept an unsigned copy (is this common procedure?) I'm told without the original, the estate would have to be evenly divided among all the survivors (assuming the fraudulent Will is thrown out). True? I've been paying all the legal fees.

Attorney answers (1)

  1. Teri A. Walter

    Contributor Level 19

    Answered . Wills have no effect until the death of the testator, so they cannot be contested until then. I suggest you look hard for the prior will. It may have been stored in a safe deposit box (which will be sealed on the owner's death), or the executor may have an executed.

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