Yes. New Jersey law lets certain interested parties ask a court to set aside, correct, or police the terms of a trust, but only on limited grounds and within tight deadlines. Below we answer the questions our clients most often ask and explain how the Northfield trust-litigation attorneys at KingBarnes guide families through these difficult cases.
An heir or beneficiary usually contests a trust because something feels wrong. They may sense foul play, notice suspicious last-minute changes, or discover assets have vanished. A successful contest protects the settlor’s real wishes and restores the inheritance the law says you deserve.
Pressure that overbears a vulnerable settlor’s free will invalidates a trust. A “confidential relationship plus suspicious circumstances” can even shift the burden of proof to the influencer.
A settlor must understand what property they own and who will receive it. Severe dementia, Alzheimer’s, or delirium can strip that capacity and make the document void.
Courts will not honor a trust created by deceit, whether a forged signature, swapped pages, or a lie about the paper being signed.
Even revocable living trusts have signing rules. Missing notarizations, late witness signatures, or altered pages can defeat the instrument.
Only parties with a direct financial stake may file a contest. Courts call this “standing.”
Anyone named in the trust, or expected to be named but inexplicably cut out, can challenge provisions that harm them.
If the trust is tossed out, New Jersey’s intestacy statutes or an older estate plan govern. Heirs or former beneficiaries therefore qualify to sue.
A creditor sometimes claims a transfer to the trust was fraudulent. While uncommon, our New Jersey estate litigation lawyers pursue or defend those claims when assets are at risk.
A contest must be timely. Miss the window and even iron-clad evidence fails.
If the trust was revocable at death, a challenger must sue no later than the earlier of (1) four months after receiving formal notice from the trustee or (2) three years after the settlor dies.
If notice never arrived or was incomplete, the clock may pause. Our South Jersey trust contest attorneys quickly assess whether the statute still runs.
Trust contests are filed in the Superior Court of New Jersey, Chancery Division, Probate Part—usually in the county where the settlor lived, such as Atlantic County for many KingBarnes clients.
The process follows a predictable arc, though every family’s story is unique.
Our estate-dispute lawyer Richard M. King reviews the trust, medical records, and family history to confirm legal grounds before suit is filed.
Jeffrey P. Barnes, an Atlantic County trust-litigation attorney, prepares pleadings that request emergency relief when needed and freeze trust assets.
We subpoena doctors, depose drafting lawyers, and comb email or text trails to prove undue influence or incapacity by clear-and-convincing evidence.
Because contests are emotional and costly, courts encourage mediation. Our Northfield probate dispute lawyers use settlement leverage without sacrificing your rightful share.
If talks fail, a Chancery judge decides the case without a jury. The court may void the entire trust, strike offending clauses, appoint a new trustee, or surcharge a wrongdoer.
Fear of losing everything silences many beneficiaries but New Jersey disfavors penalty clauses.
A clause cannot punish a challenger who brings a claim in good faith and with probable cause. We build that probable cause before filing.
Sometimes we ask the court to rule on enforceability first, letting you challenge misconduct without risking your bequest.
Not every dispute attacks the document; sometimes the trustee is the problem.
Our probate-litigation team compels full financial disclosure if a trustee stonewalls beneficiaries.
Courts remove trustees who self-deal, refuse to follow instructions, or let taxes lapse.
A negligent or dishonest trustee can be ordered to repay losses and legal fees, protecting the trust’s long-term value.
Fees depend on complexity, but we explore contingency or blended arrangements where appropriate and always discuss budget up front.
Simple cases may resolve in months; fully litigated matters with expert testimony can span one to two years.
Courts may shift fees when a trustee’s misconduct forced litigation or when a challenge benefits the whole trust.
Only if a court upholds a valid no-contest clause and finds your suit baseless. We vet the risks before taking action.
Contests combine probate rules, evidence law, medicine, and family dynamics. A seasoned litigator keeps the pieces moving and the emotions in check.
Our Atlantic County probate attorneys know the preferences of the Chancery judges and the filing quirks of each Surrogate’s Office.
By acting swiftly, we can freeze suspect transfers, prevent asset dissipation, and steer the dispute toward mediation before family ties fray beyond repair.
Together, these New Jersey trust contest lawyers have recovered millions for wronged heirs and defended countless legitimate estate plans.
“I’ve worked with Jeff Barnes and TJ Mooney on three different legal matters including Estate Planning, Civil Litigation and a Real Estate transaction. In every case I have found them and all of the associates at the firm to be professional, knowledgeable, supportive, effective, responsive and at the same time friendly and helpful. I would recommend King-Barnes with top ratings!” – Ellen M.
Clients appreciate that our South Jersey estate dispute attorneys answer calls personally, explain every step, and fight as hard for smaller estates as for seven-figure legacies.
The KingBarnes trust litigation team represents families in Northfield, Atlantic City, Egg Harbor Township, Somers Point, Margate, and throughout Cape May and Atlantic Counties. We handle cases statewide and are minutes from the Garden State Parkway at 2600 New Road, Northfield, NJ 08225.
Still unsure whether you have a claim? Let’s talk. Call (609) 522-7530 for a confidential, no-obligation consultation, or visit our office just off Route 9. You do not have to face a trust dispute alone. The New Jersey probate attorneys at KingBarnes are ready to defend your loved one’s legacy today.
