Q: How can I get a Will Validated, or deemed not valid in New Jersey

A: First, I am sorry to learn your dad passed away. It's not a simple situation anytime.

As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in our practice but the other jurisdiction is usually FL (NJ Res. wintering) or CA (just from the sheer fact that it has 27% of the US population live there, such as execs and beneficiaries, and it is also a popular vacation or wintering location). I don't think PR would be much different. (It may be a "civil code" jurisdiction but probate is always code or rules driven.)

What is the reason for having the Will invalidated? He was incapacitated when he made it? He was under undue influence? Most commonly, the decedent leaves everything to his/her caretaker. When it's a family member, it's not as easy; but when it the person's non-relative nurse -- those cases almost always settle in favor of the family.

I can tell you this: if PR says you need a NJ Ruling, you are going to have to do what they say or you'll get nowhere. Other jurisdictions frequently make "wacko" requests, that I think are incorrect. I do what they say and all goes well. Dealing with two (or more) jurisdictions is always challenging and you are almost certainly going to have to hire an NJ lawyer. Ideally, it would probably help if the lawyer were also admitted in PR but it's not a necessity.

It seems you are the executor without a lawyer in PR, yes? (If you had a PR lawyer, s/he would already have hired a NJ lawyer.) That's fine with us. With our firm, execs can do as much or as little work as they wish. Many handle the life insurance, bank and other simpler matters with some advice. We usually handle stock accounts, some home sales and, of course, court challenges. (For house sales, we use Zillow and a low-cost MLS service and our bill is almost always much less than the 2%-3% the seller would usually pay to a RE agent; if the buyer has a RE agent, we make it clear “upfront” their fee will be limited to 2%)

Your matter is almost certainly a Will Challenge. Even when "unopposed," they are still highly technical and the Courts will still demand a good reason to invalidate a Will (usually involves medical records showing that the person has Alzheimer's, dementia, etc.).

Our firm can help you no matter which NJ County has venue but any competent probate lawyer can probably handle the matter. Your situation sounds very unique which will limit the lawyers who'd be willing to take it on. We deal with the most complex cases frequently because, as stated above, if the Exec can do the work him or herself, we just provide minimal guidance and advice. This leaves us to handle the difficult issues -- which is what your matter seems to be.

Know that in NJ, our Rules mandate the Estate pays the lawyer(s). If you are the sole heir, that still means, in the end, you are paying. However, with multiple heirs and beneficiaries, it means everyone pays their “fair share” of the fees. We usually only ask for a modest retainer, usually $1500 to $2500, but your case is more complicated so $3500 might be more appropriate. We are paid when the Estate "closes." We do this mainly to make sure the Exec or Beneficiary, as the case may be, has some “skin in the game” and isn’t telling us a “story” where they want us to work for free so they can “take a shot.” (The lawyer will still be paid but we don’t want to risk our good reputation with the Surrogate, so this helps assure we file only meritorious cases.)

As I stated, any lawyer, including me, would need to know a lot more before s/he could help you. As a result, the above is not legal advice; it's merely some general ideas about an obviously complex case with multiple issues. You can note how much the above is just questions and possibilities because I don't know enough.

Good luck. I hope you don't need it -- but get a lawyer.