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By Fredrick P. Niemann, Esq. a New Jersey Elder Abuse Lawyer
You may be in a position where you need to be able to challenge a gift made by an elderly person through a trust. If that is the case, then an experienced attorney in the state of New Jersey can be of use for you.
No person in New Jersey has the absolute right to receive something from a family member. There is a frequent confusion and grey area with regard to the circumstances as to whether or not the trust can be challenged. There are many different circumstances that can affect the decision of a judge.
The person who created the will must have been legally considered an adult and of a sound mind, and under no external pressure. This is how trusts are most commonly challenged, as people claim that the elder was under undue influence or the will was fraudulent. If you believe that a will was fraudulent, then you need an attorney to fight for your rights.
If someone is able to dominate an elderly person through financial, physical, or whatever means that it is determined by the New Jersey court, then you may be able to challenge the will or trust on the means of undue influence.
The best way to determine whether or not a trust can be challenged is to consult with an attorney on this matter. An experienced New Jersey Elder law attorney can help you decide whether or not you have a case, and can thus help you with learning to deal with these complicated legal matters. So, get started today and find an attorney who can fight for your rights in the state of New Jersey.