New Jersey Probate Litigation Attorneys
[1]Our New Jersey law firm represents executors, administrators, heirs and individual family members in the administration of estates, including actions to contest the probate of wills and trusts. Most wills and probate litigation is initiated by close relatives, including siblings. Thus, probate disputes take on many of the characteristics of a matrimonial divorce – making probate litigation more bitter and emotional than other civil litigation.
Our NJ estate administration attorneys have substantial experience handling contested probate matters in Chancery Courts throughout the State of New Jersey. Our background as litigators enables us to be an effective advocate for our clients in contested probate proceedings. We understand how upsetting it can be to find yourself in a situation where a greedy sibling or other relative tries to take advantage of a parent or other close family relative. While we always explore settlement options at the beginning of any case, there is no question that when put in the wrong hands “money is the root of all evil.” Our NJ litigators are here to help you right a wrong, and to ensure that you receive an opportunity to obtain your rightful inheritance.
If you are considering filing a contested will claim in the Superior Court of New Jersey, Chancery Division, Probate Part, or are the executor of an estate embroiled in disputes, we provide experienced counseling and guidance that you can rely on.
Probate Litigation. Our New Jersey lawyers handle the following types of probate proceedings throughout Northern, Central and Southern New Jersey including Bergen County [2], Essex County [3], Hudson County [4], Mercer County [5], Middlesex County [6], Morris County [7], Passaic County [8], Somerset County [9], and Union County [10]:
- Will contests
- Trust contests
- Estate administration disputes, including prosecuting and defending actions to remove an executor, administrator or trustee
- Probate representation – assisting fiduciaries in the process of probating a will or trust with the Surrogate Court
- Healthcare surrogate disputes
- Disputed powers of attorney
- Guardianships and Conservatorships
Is there a time limit to contesting the probate of a will in New Jersey? [11]
Yes. Under New Jersey Court Rule 4:85-1 [12], a New Jersey resident has four months from the date of probate to challenge a will. People who reside outside of New Jersey must file the appropriate legal papers within six months of the date of probate. These time periods may be enlarged for 30 days upon a showing of good cause and lack of prejudice, pursuant to New Jersey Court Rule 4:85-2. Any one who is thinking of challenging a will in New Jersey must act quickly.
Who can challenge a will? [11]
Persons with legal standing to challenge a will include those who are named on the face of the will and those who would have the right to inherit from the testator if the will were declared invalid. If a caveat [13] has been filed with the Surrogate Court in the County of the decedent’s death in a timely manner, then the proponent of the contested will cannot probate the will simply by presenting it to the Surrogate with the decedent’s death certificate. Instead, the proponent must proceed by commencing a lawsuit seeking to probate the purported will.
Contact our New Jersey probate litigation attorneys [14] today to discuss your probate matter. One of our lawyers will respond to your inquiry within 24-48 hours.