Estate Litigation Lawyer in New Jersey Courts

A disputed will, missing estate information, or concern about a trustee can leave you uncertain about your rights and the next step. Willis Law Group handles New Jersey estate and trust disputes, including will contests, contested accountings, and claims involving fiduciary conduct. Request an initial meeting about an estate or trust dispute, and tell our team immediately about any hearing, notice, or approaching deadline.

Your initial meeting: Meet with an attorney for 30 minutes. Your initial meeting fee is always credited toward any legal service you retain Willis Law Group to provide.

Representation for Your Role

• Executors and Administrators: Guidance carrying out estate responsibilities, responding to beneficiary concerns and defending challenges to administration.
• Estate and Trust Beneficiaries: Advice about information, accountings, distributions, disputed inheritances and appropriate claims.
• Trustees and Successor Trustees: Administration guidance and representation in accounting, distribution, breach-of-trust and removal disputes.

We identify the client, capacity and scope in the engagement agreement. Representing a fiduciary does not automatically make every beneficiary a client. Conflicting interests may require separate counsel.

Our attorney team includes founding attorney Michael T. Willis, Esq., and Frank M. Golz, Jr., Esq., Of Counsel, Estate Litigation. We can review your role in the matter, the available documents, the relief you seek, and whether negotiation or court proceedings may be appropriate. Representation and its scope are established through an engagement agreement.

What Does Estate and Trust Litigation Involve?

Estate and trust litigation can involve a document’s validity, property transfers, asset management, or the information and distributions sought by an interested party. New Jersey’s Superior Court, Chancery Division, Probate Part handles contested probate matters; the appropriate claim and forum depend on the dispute. Common disputes include:

• Will contests. These cases challenge whether a will is valid. An attorney first reviews your legal interest in the estate, the available evidence, and whether a recognized ground supports a challenge, such as undue influence, lack of testamentary capacity, fraud, forgery, or improper execution.
• Trust disputes. Litigation can focus on how a trust is written, interpreted, or administered. A trustee may be accused of breaching their fiduciary duty by mismanaging assets or withholding information from beneficiaries.
• Inheritance conflicts. Disputes often arise between siblings, stepfamilies, or blended families over the division of property. Even non-probate assets, like jointly held accounts or payable-on-death designations, can be challenged over concerns about undue influence.

Estate litigation is complicated, but ultimately, it’s about fairness, ensuring the proper management of assets, and respecting legacies.

Valid Grounds to Challenge a Will in Court

In New Jersey, a will is presumed valid once admitted to probate. Challenging it requires legal grounds, such as:

• Undue influence. Alleging that someone in a position of power or trust pressured the testator.
• Lack of testamentary capacity. Claiming the testator did not understand the nature of their property or who their natural heirs were.
• Fraud or forgery. Arguing that deception or a forged signature invalidates the will.
• Execution questions. Reviewing signing and witnessing requirements, together with any statutory basis for admitting a writing that does not meet the usual formalities. A defect does not automatically resolve whether the document may be admitted to probate.

Deadlines depend on the action being challenged. Under Rule 4:85-1, a complaint challenging probate or a grant of letters generally must be filed within four months after that action, or six months if the aggrieved person resided outside New Jersey at the time. That is different from a claim challenging a fiduciary’s later conduct. The Union County Surrogate’s guide to setting aside a judgment explains this distinction and certain exceptions. Have an attorney review the relevant orders, dates, residence, and claims promptly; do not assume every estate or trust dispute follows the same filing period.

What Happens in Trust and Fiduciary Disputes?

Trustees, executors, and administrators serve in fiduciary roles, but their duties and the people entitled to enforce them depend on the role, governing documents, and applicable law. We review the challenged conduct and supporting records before advising whether a request for information, negotiation, or court action is appropriate. Concerns may include:

• Mismanagement of estate or trust property;
• Self-dealing, such as using estate funds for personal benefit;
• Refusing to provide an accounting; or
• Failing to distribute assets according to the will or trust.

What to Do If You Suspect Wrongdoing

Tell our team whether the will has already been admitted to probate and provide any judgment, notice, or appointment papers. A caveat filed with the County Surrogate before entry of the probate judgment may prevent the Surrogate from proceeding with the uncontested application; it does not decide whether the will is valid. A contested matter may require proceedings in the Superior Court, Chancery Division, Probate Part. The Monmouth County Surrogate explains the two courts’ different roles. If probate has already occurred, have counsel review the existing judgment and applicable challenge procedure promptly.

Acting within deadlines and with proper legal guidance makes the difference between protecting your inheritance and losing your right to challenge.

How an Estate or Trust Dispute Proceeds

The route depends on the claim, existing orders and the evidence. We explain the proposed work and assess cost, the value at stake and practical recovery before recommending the next step.

• Initial assessment: Review your role, standing, governing documents, deadlines, requested relief and potential conflicts. Identify whether anything requires immediate attention.
• Preserve and obtain records: Gather the available documents, communications, financial records and chronology. Assess whether additional records, witness accounts or expert analysis are needed.
• Choose the appropriate response: Consider an information request, negotiated resolution, caveat, complaint, accounting proceeding or response to an existing application, depending on the dispute.
• Discovery and preparation: Where appropriate and permitted, exchange documents, obtain testimony and prepare witnesses or experts under the court’s directions.
• Resolution or adjudication: Pursue negotiation or mediation when suitable; prepare for contested hearings or trial when the dispute requires a court decision.

The New Jersey Judiciary’s mediation guidance explains how a neutral assists parties in seeking agreement. Mediation does not itself extend filing deadlines or replace required court action. The scope of court representation is agreed for the particular matter.

Common Claims and Defenses

We evaluate the evidence supporting a claim and the responses that may answer it. Allegations alone do not establish liability, and a possible defense does not guarantee dismissal.

• Will and trust validity: Claims may involve undue influence, capacity, fraud or execution. The response may depend on signing circumstances, independent instructions, witnesses, medical evidence and applicable legal standards.
• Accounting objections: A disputed entry should be examined against the statements, invoices, authority and explanation supporting it. We assess what information is owed and whether a formal accounting or specific objection is appropriate.
• Fiduciary misconduct: Review the duty, challenged conduct, conflict, alleged loss and available remedy. A response may address authority, documentation, causation or the absence of a breach.
• Removal requests: Identify the specific grounds and evidence, the fiduciary’s response and any immediate protection needed. Removal and monetary recovery are different remedies.
• Timing, releases and prior orders: Standing, filing periods, prior judgments and the terms and circumstances of a release may affect a claim. None should be assumed to resolve the dispute without review.

For trust matters, N.J.S.A. 3B:31-71 addresses remedies, while N.J.S.A. 3B:31-73, -75 and -78 address particular liability and response issues. The Uniform Trust Code’s liability provisions must be applied to the actual facts. Executor and administrator disputes require separate analysis of the rules governing those roles.

Read more about bringing a beneficiary concern, responding as an executor or administrator and trustee representation and defense.

The Advantage of Working With Willis Law Group

Estate and trust disputes don’t resolve themselves. Deadlines are short, and waiting can mean losing your right to challenge.

In a 30-minute initial meeting, our team can discuss your role, the documents available, the dispute you want addressed, and any approaching dates. We will explain the proposed scope of assistance and what additional information may be needed before you decide whether to retain the firm.

Founding attorney Michael T. Willis, Esq. brings 25 years of legal experience and prior service as a New Jersey Special Deputy Attorney General. Frank M. Golz, Jr., Esq., brings civil trial experience to his Of Counsel role in estate litigation. Contact our team to discuss the dispute and the appropriate next step.

Guardianship Disputes and Urgent Protective Concerns

Some disputes arise while a vulnerable adult is living, rather than during estate administration. Willis Law Group also handles contested guardianship litigation, including disagreements about decision-making capacity, who should serve as guardian, the authority requested or an existing guardian’s conduct. Our work may include reviewing evidence, preparing court papers, addressing discovery, examining witnesses, negotiating disputed issues and advocating at contested hearings, according to the case and agreed representation.

If an immediate care, safety or financial concern is involved, explore our emergency and emergent guardianship services. When you call, identify the decision or transaction that cannot wait and any court date. We can assess the appropriate response and whether an urgent application should be considered.

Related Estate and Trust Guidance

If you need help carrying out estate responsibilities rather than resolving a dispute, see our probate and estate administration services. Trustees seeking guidance on records, beneficiary communications, or distributions can review our trust administration services. If a disagreement, court filing, or deadline is already involved, identify that when contacting our team so we can discuss the appropriate scope of assistance.

For background on fiduciary roles and related planning questions, browse our estate planning and elder law guides by topic.

Frequently Asked Questions

1. Can Willis Law Group represent me in a New Jersey will contest?

Yes. We represent clients who believe a will was created or changed because of undue influence, lack of testamentary capacity, fraud, forgery, or improper execution. We can review the circumstances surrounding the will and determine whether you have grounds to challenge it.

2. Can Willis Law Group help me challenge an inheritance I believe was wrongfully withheld?

Yes. If you believe you were improperly excluded from an estate or denied an inheritance to which you are entitled, we can review the will, trust, beneficiary designations, and other relevant documents. We can then advise you about your legal options for protecting your inheritance.

3. Can I hire Willis Law Group to challenge a trustee who is misusing estate or trust assets?

Yes. We represent beneficiaries who suspect a trustee is mismanaging assets, engaging in self-dealing, withholding information, or otherwise violating fiduciary duties. We can investigate the trustee’s conduct and pursue appropriate legal remedies when necessary.

4. Can Willis Law Group help me obtain an accounting from an executor or trustee?

Yes. If an executor or trustee refuses to provide information about estate or trust assets, we can evaluate the situation and pursue an accounting when appropriate. An accounting can help beneficiaries understand how assets have been managed, spent, or distributed.

5. Can Willis Law Group help remove an executor or trustee who is not acting properly?

Potentially, yes. When a fiduciary fails to fulfill their legal responsibilities or acts against the interests of beneficiaries, removal may be an available remedy. We can review the fiduciary’s conduct and determine whether seeking court intervention is appropriate in your case.

6. Can Willis Law Group represent me in a dispute involving a family trust?

Yes. We handle trust disputes involving beneficiaries, trustees, and other interested parties. Whether the disagreement concerns how a trust should be interpreted, how assets are being managed, or whether a trustee has breached a fiduciary duty, we can evaluate your position and discuss the appropriate course of action.

7. Can Willis Law Group help if I suspect someone pressured my loved one to change their estate plan?

Yes. We can investigate potential undue influence and examine the circumstances surrounding changes to a will or trust. Relevant evidence may include the timing of the changes, your loved one’s mental and physical condition, relationships with beneficiaries, and the involvement of the person who benefited from the change.

8. Can Willis Law Group help me stop an estate from being probated while I challenge the will?

In some circumstances, yes. We can evaluate whether filing a caveat with the County Surrogate’s Office before probate is appropriate. Taking action promptly can be important because New Jersey law imposes deadlines for challenging a will.

9. Can Willis Law Group handle an estate litigation case if the dispute has already reached court?

Yes. We can represent you in New Jersey estate and trust litigation and advocate for your interests through the court process. We can evaluate the pleadings and evidence, develop your legal strategy, and pursue a resolution through negotiation or litigation as appropriate.

10. How can I find out if Willis Law Group can take my estate litigation case?

The best way to determine whether we can help is to schedule a consultation with our team. During our 30-minute consultation, we take the time to understand your circumstances, review the concerns surrounding the estate or trust, and explain your available legal options. If you are facing an estate dispute, contacting us promptly can help protect your rights before important deadlines pass.