Sussex County Estate Litigation & Administration Lawyers

When disputes arise over a loved one’s estate, the legal process can be overwhelming, confusing, and emotionally charged. At Gruber, Colabella, Thompson, Hiben & Montella, we are dedicated to providing skilled, compassionate representation for clients throughout New Jersey. If you are facing a contested will, trust dispute, or any other estate-related conflict, our experienced estate litigation lawyers are here to guide you through every step of the process while protecting your interests and preserving your loved one’s legacy.

What is Estate Litigation?

Estate litigation refers to legal disputes that occur during the administration of a deceased person’s estate. In New Jersey, these disputes often involve challenges to the validity of a will, accusations of undue influence or fraud, disputes over the interpretation of trust documents, or conflicts between beneficiaries. Each situation is unique, but they all share one thing in common: they can threaten to delay the distribution of assets, drain estate resources, and damage family relationships.

In New Jersey, estate litigation is governed by state statutes and court rules, including the New Jersey Probate Code and the Rules of Court applicable to the Surrogate’s Court and Chancery Division. Many disputes are initiated by filing a complaint in the Chancery Division, Probate Part, of the Superior Court in the county where the decedent resided. Understanding which court has jurisdiction and the applicable filing deadlines is critical to protecting your rights. For example, if you wish to contest a will, you generally have four months from the date of probate (or six months if you reside outside New Jersey) to file a challenge, according to N.J.S.A. 3B:3-24.

Common claims in estate litigation include undue influence, lack of testamentary capacity, fraud, improper execution of the will, and breach of fiduciary duty by an executor or trustee. Proving these claims requires careful examination of evidence, including medical records, witness testimony, and financial documents.

Common Types of Estate Disputes

Estate litigation can take many forms. Some of the most frequent disputes we handle at Gruber, Colabella, Thompson, Hiben & Montella include will contests, trust disputes, and fiduciary misconduct claims.

A will contest may arise when a beneficiary or heir believes that the decedent’s will does not reflect their true intentions. Grounds for contesting a will in New Jersey include allegations that the decedent lacked the mental capacity to execute the document, was subjected to undue influence by another party, or that the will was procured through fraud or coercion.

Trust disputes often involve disagreements over the interpretation or administration of a trust. Beneficiaries may believe that a trustee is mismanaging trust assets, failing to make required distributions, or otherwise breaching their fiduciary duties. Under New Jersey law, trustees have a legal obligation to act in the best interests of the beneficiaries, manage trust assets prudently, and provide regular accountings. If a trustee violates these duties, beneficiaries may seek legal remedies such as removal of the trustee, a court-ordered accounting, or monetary damages.

Fiduciary misconduct claims can also arise in the context of estate administration. Executors and administrators owe fiduciary duties to the estate and its beneficiaries, including the duty of loyalty, the duty to act in good faith, and the duty to avoid self-dealing. When an executor breaches these duties, beneficiaries may have grounds to file a lawsuit seeking removal of the executor or recovery of misappropriated assets.

Other disputes may involve elective share claims by a surviving spouse under N.J.S.A. 3B:8-1, disputes over non-probate assets such as life insurance policies or retirement accounts, or challenges to the validity of beneficiary designations.

Contact Our New Jersey Estate Litigation Lawyers

Estate disputes are rarely straightforward. They often involve complicated family dynamics, intricate legal issues, and significant financial stakes. Attempting to handle these disputes without experienced legal counsel can place your rights and interests at risk. At Gruber, Colabella, Thompson, Hiben & Montella, our estate litigation lawyers are committed to helping clients in Sussex County protect their inheritance, hold fiduciaries accountable, and resolve disputes efficiently and effectively. Contact us today.