Will Contests & Estate Litigation Attorneys in New Jersey

Do you find yourself in a situation where you are the beneficiary of an estate, however, you feel as though the estate is not being administered correctly? Is there a possibility that the estate planning documents of a loved one were possibly forged or executed under undue influence? Although estate litigation is not the route that beneficiaries of an estate want to pursue, sometimes this course of action is the only way for you to truly be able to receive the inheritance that you are entitled to.


At Borenstein, McConnell and Calpin, our estate litigation attorneys in New Jersey have helped numerous beneficiaries fight for the inheritance that they are lawfully entitled to receive. You can count on our team of experienced professionals to provide you with legal recourse when challenging a Last Will & Testament or a Trust.


Contesting a Last Will & Testament or a Trust

There are several legal grounds upon which you can contest a family member’s will, rendering it legally invalid. In New Jersey, you have several different legal strategies that you can pursue, which include:

  • Fraud or Undue Influence -- This refers to situations where the testator (the person leaving behind a Last Will & Testament) was significantly influenced into signing the will.
  • Improper Execution --During probate, the executor must adhere to certain procedures when settling the estate of the deceased. If they fail to follow those procedures, then you have certain legal recourse to remove that person and request that the court appoint someone else in that role.
  • A Lack of Mental Competence -- This particular legal justification is a little more complex in nature. You essentially have to prove that the testator was mentally incapable of developing a Last Will & Testament and signing it.


Estate Litigation in New Jersey

The ultimate goal of estate litigation is to resolve any disputes that arise when settling the estate of a family member who recently passed away. As referred earlier, there are methods in which you can dismiss the legality of a Last Will & Testament. However, to resolve any disputes, you sometimes have no choice but to undergo legal proceedings.


Our experienced estate litigation attorneys can represent you in negotiating a fair resolution to any ongoing legal challenges. However, when it comes to litigation, the process begins with you filing a complaint with your local surrogate court. This is something that you should never try to navigate on your own as one misstep could jeopardize your entire case.


Do You Need an Estate Litigation Lawyer in New Jersey?

If you find yourself in a position where you’re considering contesting an estate, you should always consult with an experienced estate litigation attorney in New Jersey. Without professional assistance, you will run into several obstacles throughout the process, which can potentially jeopardize any inheritance that you deserve. The estate litigation attorneys at Borenstein, McConnell & Calpin will review your case with you and provide you with the options that you have when it comes to possible estate litigation. We will continue to work with you throughout any court proceedings. To learn more about the estate litigation options that you have, get in touch with us today to book an appointment. We are here to assist not only clients in New Jersey but in New York as well.

Getting in touch

* indicates required

Want to know more about creating an estate plan or the probate process?

You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at alec@bmcestateplanning.com. We will treat your information with respect. For more information about our privacy practices please visit our website. By clicking below, you agree that we may process your information in accordance with these terms.

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.

About us

Borenstein, McConnell & Calpin, P.C. is a Business & Estate Planning law firm serving Central and Northern New Jersey, as well as New York City. We strive not only to give you a great client experience, but to become your trusted adviser for life. To reach Erin, please send an email to erin@bmcestateplanning.com.

NJ Offices:
155 Morris Avenue, Suite 201
Springfield, NJ 07081

3 Werner Way, Suite 230
Lebanon, NJ 08833

NY Office:
4607 Fort Hamilton Parkway
Brooklyn, NY 11219