Probate Litigation in East Brunswick, NJ

Elder Law Depth Behind Every Contested Estate Matter

When a loved one’s will is challenged, an executor is mismanaging an estate, or financial exploitation preceded a death, families face a legal dispute that routine probate administration can’t resolve. Probate litigation covers the full range of contested matters: will contests, trust disputes, breach of fiduciary duty claims, and power of attorney abuse that surfaces during estate administration. These cases move through the Superior Court, Chancery Division, Probate Part rather than the Surrogate’s Court, and they require a different level of preparation and advocacy.

At Alguram Law Group, we approach probate litigation from a foundation in elder law and Medicaid planning. That background matters because the contested matters we most often see involve elderly decedents whose capacity or vulnerability to undue influence is at the center of the dispute. We know how to evaluate those fact patterns in depth.

Types of Probate Disputes We Handle

Not every estate dispute looks the same. Our practice covers the categories most likely to arise when an elderly or incapacitated person’s estate is challenged.

Will Contests

A will contest is a formal challenge to the validity of a will. Grounds include lack of testamentary capacity (the testator didn’t understand what they were signing or what they owned), undue influence (a third party dominated or coerced the testator’s decisions), fraud, or improper execution. Under New Jersey law, testamentary capacity is presumed, so a challenger must present clear and convincing evidence of incapacity at the time of signing. When a beneficiary held a confidential relationship with the testator and suspicious circumstances exist, the burden shifts to that beneficiary to show the will was made freely.

Trust Disputes

Trust disputes arise when the validity or terms of a trust are challenged, when a trustee’s interpretation of the document is contested, or when a trust needs to be reformed or construed by the court. These matters often intersect with Medicaid planning and special-needs planning, areas where our firm has substantial grounding.

Breach of Fiduciary Duty

Executors and trustees owe a legal duty to act in good faith and in the best interests of the estate and its beneficiaries. An executor who self-deals, mingles estate funds with personal funds, fails to account for assets, or neglects their duties may have breached that duty and may be held personally liable for resulting losses. Beneficiaries can petition the court to compel an accounting or, in appropriate cases, to seek removal and replacement of the fiduciary.

Power of Attorney Abuse Preceding Death

Financial exploitation by someone holding a power of attorney often surfaces during probate, when missing assets or unauthorized transfers come to light. Because our practice is grounded in elder law, we understand how power of attorney arrangements work and where exploitation patterns typically appear. That knowledge is directly relevant to building or defending these claims.

Why Middlesex County Families Work with Us

Attorney Jason Alguram has focused his career on elder law, Medicaid planning, and estate planning since his earliest years in practice, including time as a partner at an East Brunswick estate planning firm and as an attorney at a Union County firm focused on tax, estate planning, and elder law. Alguram Law Group was founded in 2019. Jason is admitted to practice in New Jersey, New York, and Michigan, and is certified by the Veterans Administration to assist veterans with benefits claims. He was named to the Super Lawyers list published in New Jersey Monthly for 2017, 2018, 2019, and 2020, a recognition held by fewer than 2.5% of New Jersey attorneys in those years.

Probate litigation involving seniors regularly intersects with issues we handle every day: Medicaid long-term care arrangements, power of attorney documents, and cognitive decline that affects capacity at the time a will or trust was signed. That intersection is where our background provides a real practical advantage when an elderly decedent’s estate is disputed.

Timing matters. Under New Jersey Court Rule 4:85-1, a will contest must generally be filed within four months of the date the will is admitted to probate, or within six months for parties residing out of state. Missing that window can bar a claim regardless of its merits. An attorney can confirm which deadline applies to your situation, since exceptions exist, but waiting is rarely advisable.

Start with a Free Consultation

If you have questions about a disputed will, a trustee’s conduct, or suspected financial exploitation of a family member, we’re glad to review your situation and can explain your options. Our consultations are free, with no pressure or obligation. We serve families throughout New Jersey, with particular focus on Middlesex County, including East Brunswick and the New Brunswick area.