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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11772
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I phrase a Caveat to stop a proceeding

Customer Question

How do I phrase a Caveat to stop a proceeding with regard to a will.
We have just been advised that a member of the family has died and that a lawyer is going to turn this over to the court and the will will not be adhered to, nor will my cousins wishes be taken care of. We have today to get this to them to stop the proceedings so we can take a minute to figure out what to do. Thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. 1) How is the Will not being followed? How are his wishes not being taken care of?2) Has probate been opened, or not yet? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
They are taking her will and running it through probate and all of her wishes are not being done.
She is not being buried and not cremated as she wished. Her property and belongings are not going where she has requested.
Probate is not open yet. Lawyer just got will today and we have 24 hours to caveat it.
Expert:  Ely replied 1 year ago.
Thank you. "She is not being buried and not cremated as she wished."What does her will say - that she be cremated or buried? And what is happening to her - is she being cremated or buried? You say neither is happening. You also say: "Probate is not open yet." But then you say: "They are taking her will and running it through probate." To clarify, has anything been filed with court or not? Finally, do you have a COPY of the will?
Customer: replied 1 year ago.
She has not been buried yet. They are going to, but she wanted to be cremated.
I need something now. We have until 6:00 to get to the post office to send this to put a hold on everything until we can figure out what to do. I just need the verbage to put a hold on everything. Can you please help with that. I don't have a copy of the will yet. This all just happened.
Expert:  Ely replied 1 year ago.
Okay. Last question, please. WHO gave you this deadline? And why are you using this term "caveat," which is actually not the proper term?
Customer: replied 1 year ago.
Because this is what we were told. We had a write a caveat to stop everything. I don't really care what it is. I just need the verbage to write this to stop the proceedings until we can get a grip of things. Please tell me that
Expert:  Ely replied 1 year ago.
Okay. First of all, I am afraid that you may be working off an assumption that is somewhat erroneous. If probate has already been filed, then someone in your situation wants to file a challenge to the Will or the Executor (or both), depending on what you wish to achieve. If probate has NOT been filed, then an interested party such as you wants to file probate first and request appointment of an Executor per the Will (if any), challenge the Will's appointment of an Executor (if there is one), and/or ask for an alternative Executor, etc. Now it is not simply filing a form through the mail. You have to file this with the court, pay a FILING FEE (normally a few hundred dollars), serve all the other parties, and attend several hearings. Now, having said that, I can give you some general information on how this works, but understand it is not as simple as "filing a caveat" via mail. It just does not work this way. Whoever told you this was flat out wrong. Did you wish to continue?
Customer: replied 1 year ago.
No, this is not helping.
Thank you anyway.
Expert:  Ely replied 1 year ago.
Okay. Well, hopefully I at least provided some information useful to you. There is no such thing as a "mail in caveat" to stop probate. Good luck.
Customer: replied 1 year ago.
Actually you did not provide any information to help me.
Thanks anyway.
Expert:  Ely replied 1 year ago.
Hello, Please disregard my replies. NJ has a caveat system. You would file a written statement in that you are objecting to the eventual probate. If this is done, the Surrogate's Court cannot enter the Will into probate until the Court hears the objection. However, I have no verbiage for this caveat. I am going to OPT OUT and open this up for other experts. Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.My apologies for any inconvenience and good luck...