New Jersey Contested Wills and Probate Lawyers

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The loss of a loved one is never easy. When disputes arise over a will or the administration of an estate, grief is often compounded by uncertainty, mistrust, and legal conflict. If you believe a will does not reflect your loved one’s true intentions—or if you’re defending against such a challenge—you need experienced legal representation from attorneys who understand both the law and the personal stakes involved.

At The Epstein Law Firm, P.A., we provide aggressive, strategic representation in contested wills and probate disputes throughout New Jersey. Whether you’re challenging a will based on undue influence or defending an executor’s good-faith actions, we help protect what matters most—your loved one’s legacy and your legal rights.

What Is a Contested Will?

A will contest is a legal challenge that questions the validity of a decedent’s will. In New Jersey, a will may be contested if it was created or executed under questionable circumstances. Common grounds for contesting a will include:

• Lack of Testamentary Capacity: The testator (person who created the will) lacked the mental ability to understand what they were doing at the time the will was signed.
• Undue Influence: Another person coerced, pressured, or manipulated the testator into making decisions that benefitted them unfairly.
• Fraud or Forgery: The will was forged, or the testator was tricked into signing something under false pretenses.
• Improper Execution: The will was not properly witnessed or signed, as required by New Jersey law.
• Multiple or Conflicting Wills: There is confusion over which version of the will is valid.

To successfully challenge a will, the person contesting must have legal standing—typically, this means being a beneficiary under the current or prior will or an heir who would inherit if the will were found invalid.

Probate Disputes and Estate Administration Conflicts

Probate is the legal process by which a deceased person’s will is submitted to the court, and their estate is distributed according to its terms. However, the process does not always go smoothly.

Common disputes that arise during or after probate include:

• Claims of executor misconduct
• Challenges to asset valuations or distribution
• Failure to provide proper notice or accountings to beneficiaries
• Misuse or misappropriation of estate funds
• Conflicts among family members or heirs

At The Epstein Law Firm, we litigate these disputes with precision. We help clients enforce their rights during probate proceedings, seek removal of dishonest fiduciaries, and pursue or defend against claims that threaten to disrupt fair estate administration.

How Long Do You Have to Contest a Will in NJ?

In New Jersey, you must act quickly. The deadline for filing a will contest is:

• 4 months from the date of probate for New Jersey residents
• 6 months for out-of-state residents

Exceptions are rare. That’s why you should consult an estate litigation attorney as soon as you suspect wrongdoing or unfairness.

Who Can Be Held Accountable?

Executors, administrators, and trustees are fiduciaries—they have a legal obligation to act in the best interest of the estate and its beneficiaries. When a fiduciary breaches this duty, they can be held personally liable for losses. Breaches may include:

• Failing to safeguard estate assets
• Making unauthorized distributions
• Failing to file taxes or pay valid debts
• Favoring one beneficiary over another

If you suspect fiduciary misconduct, The Epstein Law Firm can help you petition the court for accountings, removal, and surcharge (personal financial penalties for fiduciary wrongdoing).

Why Choose The Epstein Law Firm?

Estate and probate litigation isn’t just about paperwork—it’s about protecting what’s rightfully yours, resolving emotionally charged conflicts, and upholding the wishes of the deceased.

Clients turn to us because we offer:

• Proven litigation strength: We are trial-tested attorneys with decades of experience in complex estate and probate disputes.
• Tailored legal strategy: We approach each case individually, developing solutions aligned with your goals.
• Clear, consistent communication: We make sure you understand the process, risks, and likely outcomes at every stage.
• Reputation for results: Our firm is known across New Jersey for our ethics, professionalism, and courtroom success.
  

Contact Us for a Free Consultation

The Epstein Law Firm is located in Rochelle Park, NJ, and is easily accessible to clients in the surrounding areas. You can contact us by phone, email, or by visiting our office.

Free Case Evaluations

We offer free initial consultations to discuss your case and explore your legal options. During this consultation, you can speak directly with one of our experienced contested wills and probate attorneys who will review the details of your case and provide you with a comprehensive understanding of your legal rights and potential next steps.

We’ve litigated will and probate disputes for high-net-worth individuals, blended families, and business owners alike. Our background in business litigation also allows us to navigate cases involving closely held companies, investment accounts, and contested real estate.

The Epstein Law Firm, P.A.
340 West Passaic Street
Rochelle Park, NJ 07662
Phone: (201) 845-5962