When a loved one passes away, the administration of their estate should bring closure and honor their final wishes. However, when disputes arise, whether due to unclear estate planning, family conflict, or allegations of wrongdoing, the situation can quickly become emotionally and legally overwhelming. That’s where The Epstein Law Firm, P.A. steps in.

Our attorneys have decades of experience litigating complex estate and trust disputes in New Jersey. From contested wills and trust mismanagement to fiduciary misconduct and inheritance claims, we provide our clients with strategic, trial-ready representation backed by compassion, discretion, and an unwavering commitment to results. Our firm has built a reputation for handling some of the most difficult and emotionally charged cases involving estates and trusts, ensuring that our clients’ rights and the intentions of their loved ones are upheld.

What Is Estate Litigation?

Estate litigation refers to the legal process of resolving disputes that arise during the administration of a deceased individual’s estate or trust. Unlike routine estate administration, these disputes often require formal court proceedings in New Jersey’s Superior Court, Chancery Division, Probate Part. Litigation can involve parties such as heirs, beneficiaries, fiduciaries, creditors, and sometimes unrelated individuals who assert a legal claim to the estate.

Common issues that lead to estate litigation include:

  • Contested Wills: Challenges to the validity of a will based on undue influence, fraud, or the decedent’s lack of capacity.
  • Trust Disputes: Conflicts over the interpretation, administration, or execution of trust terms.
  • Fiduciary Misconduct: Allegations that an executor, administrator, or trustee has breached their legal duties.
  • Inheritance Disputes: Disagreements among heirs or beneficiaries about asset distribution or family entitlements.
  • Asset Misappropriation: Claims that estate property is missing, undervalued, or was transferred improperly.
  • Guardianship and Conservatorship Contests: Legal challenges related to control of a person or their assets before or after death.

These cases can become especially complicated when they involve significant assets, blended families, business interests, or claims of elder abuse or coercion. Our litigation strategies take all of these variables into account and are tailored to protect the financial and emotional well-being of our clients.

Common Estate Litigation Scenarios We Handle

At The Epstein Law Firm, P.A., we represent clients on all sides of estate-related disputes, including:

Will Contests

We represent both challengers and defenders of wills where there are claims of undue influence, lack of mental capacity, or improper execution. We work closely with handwriting experts, medical professionals, and forensic accountants when necessary to develop persuasive, evidence-based arguments.

Trustee Misconduct

Trustees are fiduciaries with strict legal obligations. If a trustee fails to act in the best interests of the beneficiaries—through mismanagement, self-dealing, or non-disclosure—we help clients seek removal, accountings, and damages. Our attorneys know how to investigate complex trust structures and follow the financial trail when misconduct is suspected.

Beneficiary Disputes

Conflicts often arise among siblings, stepchildren, or other heirs. We resolve disputes involving perceived favoritism, disinheritance, or ambiguities in the estate plan. These emotionally charged situations require both legal precision and a deep understanding of family dynamics.

Fiduciary Removal Actions

When an executor, trustee, or administrator fails in their duties or acts in bad faith, we petition the court for their removal and replacement. Our firm advocates for accountability and transparency in all fiduciary relationships.

Intestacy Disputes

When there is no will, disputes can arise over who should be the administrator and how the estate should be divided under New Jersey’s intestacy statutes. We represent clients in intestacy litigation involving multiple potential heirs and complex asset portfolios.

Why Clients Trust The Epstein Law Firm, P.A.

Our clients often turn to us during one of the most difficult and emotionally charged periods of their lives. We honor that trust by delivering:

  • Litigation-First Focus: We are not transactional attorneys. We are courtroom litigators who know how to win contested estate matters.
  • Hands-On Strategy: Every estate is different. We tailor our approach to each client’s goals and family dynamics.
  • Clear Communication: We keep you informed, prepared, and empowered throughout the entire litigation process.
  • Proven Results: With decades of trial experience, our attorneys are respected by judges, adversaries, and clients alike.

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 estate litigation 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 recognize that estate disputes are not just about money—they are about relationships, legacies, and principles. Our goal is to resolve your matter efficiently while preserving your rights and honoring your loved one’s intentions.

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

Frequently Asked Questions about Estate Litigation in New Jersey

What is estate litigation in New Jersey?

Estate litigation is the court process of resolving disputes related to wills, trusts, inheritances, or the conduct of fiduciaries after someone’s death.

Who can contest a will or trust?

Legal heirs, beneficiaries, or individuals named in prior estate documents who would benefit from changes can contest a will or trust based on valid legal grounds.

How long do I have to contest a will in New Jersey?

You typically have four months from the date of probate (six months if you reside out of state), though exceptions may apply in rare circumstances.

What is fiduciary misconduct?

It occurs when a trustee, executor, or administrator breaches their duties by mismanaging funds, failing to follow the estate documents, or acting in their own interest.

Can a trustee or executor be removed?

Yes. The court can remove a fiduciary who is neglecting their duties, acting improperly, or creating unnecessary conflict.