Estate Litigation Attorney –
Resolving Will, Trust & Probate Disputes in NJ
When Estate Litigation Is Needed
Disputes over a loved one’s estate can create stress, confusion, and family conflict—especially during already difficult times. Estate litigation covers challenges to wills, trusts, asset transfers, or the actions of executors and trustees. The Law Offices of Gary Cornick helps clients protect their rights and find solutions that prioritize both the law and family relationships.
Common Estate Disputes We Handle
Will Contests: Allegations of undue influence, lack of capacity, fraud, or improper execution
Trust Disputes: Challenges to the validity or interpretation of a trust, trustee mismanagement, or breach of fiduciary duty
Executor & Trustee Issues: Claims of mismanagement, self-dealing, or failure to communicate
Inheritance Claims: Disputes among heirs, omitted beneficiaries, or conflicts over asset distribution
Contested Guardianship: Conflicts over the appointment or conduct of a guardian or conservator
Is the Will Valid? – Will Contest Grounds in New Jersey
In New Jersey, wills can be contested on several grounds. Common claims include:
- Lack of Testamentary Capacity: The decedent was not of sound mind when the will was executed.
- Undue Influence: Someone pressured or manipulated the decedent to change the will in their favor.
- Fraud or Improper Execution: The will was not properly witnessed or was procured through deceit.
It’s important to act quickly—NJ residents generally have four months from probate to file a contest. The firm can evaluate potential claims, examine evidence such as medical records or witness statements, and represent either the contesting party or the executor defending the will.
Resolution-Oriented & Trial-Ready – Our Litigation Approach
Our philosophy is to resolve disputes whenever possible—negotiation or mediation can save time, cost, and preserve family relationships. But when needed, we proceed assertively in court to protect your interests. Gary Cornick brings decades of litigation experience and a deep understanding of NJ probate court procedures. Clients appreciate both our tenacity and our focus on practical outcomes.
Navigating NJ Courts – Local Probate Experience
We’re deeply familiar with the Surrogate’s Court and Chancery Division in Somerset County, Middlesex County, and surrounding areas. This local knowledge helps expedite filings and resolve matters efficiently. Our involvement in bar committees and continuing legal education keeps us up to date on the latest probate and estate litigation developments—giving your case every advantage.
Preventing Litigation – Insights for Planning
Because we also draft and review wills, trusts, and estate plans, we know how to make them as litigation-resistant as possible—with clear language, proper execution, and built-in protections. Clients who plan with us benefit from strategies that minimize the risk of future disputes. But if conflict arises, our dual perspective as planners and litigators means you’re in strong hands.
Frequently Asked Questions About Estate Litigation
Who can contest a will or trust in New Jersey?
Heirs, beneficiaries, or others with a legal interest can contest a will or trust if they believe there are grounds such as undue influence or fraud.
How long does estate litigation take?
Some disputes resolve quickly, but complex cases may take months or longer—especially if court hearings or discovery are needed.
What are common grounds for challenging a will?
Lack of capacity, undue influence, fraud, improper execution, or ambiguous language are frequent reasons for contesting a will.
Can executor or trustee actions be challenged?
Yes—if an executor or trustee breaches fiduciary duty, beneficiaries may seek removal, compensation, or other remedies.
Will I have to go to court?
Not always. Many estate disputes are settled out of court, but we are prepared to represent you in litigation if needed.
Get a Strong Advocate on Your Side
If you’re facing an estate, trust, or probate dispute in New Jersey, don’t wait—timelines are short and evidence matters. We understand these conflicts are about more than just money—they’re about honoring legacies and loved ones. The Law Offices of Gary Cornick will handle your case with sensitivity, experience, and determined advocacy.