Estate Litigation

When the circumstances dictate, we represent fiduciaries and beneficiaries before the courts during litigation including:


A will may be challenged in four general ways:

  • Noncompliance with Formalities: A will may be challenged because it was not properly executed in accordance with the New Jersey law.
  • Lack of Capacity: A will may be challenged because the testator did not have the sufficient mental capacity to understand what he or she was signing.
  • Undue Influence: A will may be challenged because the testator was coerced or threatened into signing the will against his or her free will, usually by a family member or close friend. A will that is the product of undue influence typically deviates from a long standing testamentary plan.
  • Fraud & Mistake: A will may be challenged when the testator executed a will as a result of a fraud or mistake.

Trusts, Powers of Attorney, Deeds and Beneficiary Designations may also be challenged on these same grounds.


An Executor of an estate or a Trustee of a trust, may be sued for any of the following actions:

  • Failure to follow the terms of the Will or Trust
  • Failure to follow New Jersey Statute and/or Code
  • Fraud
  • Improper Investing
  • Self-Dealing
  • Excessive Compensation

New Jersey law provides that a surviving spouse is entitled to at least one-third of the deceased spouse’s augmented estate, including probate and non-probate assets. A surviving spouse who has not been provided for in accordance with the minimum amount set forth in the Elective Share statute may challenge the will.


A Power of Attorney (POA) empowers an agent to act on behalf of a principal. The principal, or the person making the POA, gives the agent, also known as the attorney-in-fact, the power over the principal’s financial affairs. The agent or attorney-in-fact is usually not a lawyer but rather a family member or close friend.

With the granting of power over another’s affairs comes the potential for abuse of that power through embezzlement, self-dealing, excessive gifting, beneficiary designation manipulation and account renaming.

To set up an appointment, contact us today.

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