When a trust or estate plan is challenged, the grantor’s intent is often placed under a microscope. Family members or beneficiaries may allege undue influence, lack of mental capacity, or improper conduct in an attempt to overturn a trust, will, or lifetime transfer. At Joshua G. Curtis Law, we defend grantors—and their estates—against these claims, ensuring that lawful decisions are respected and upheld under New Jersey law.
With over a decade of experience in trust and estate litigation, Joshua G. Curtis provides strategic, decisive representation focused on preserving the validity of estate planning decisions and protecting clients from meritless or opportunistic challenges.
Grantor defense involves protecting the legality and enforceability of a grantor’s decisions, whether those decisions involve:
Creating or amending a trust
Executing a will
Making lifetime gifts or transfers
Selecting beneficiaries
Appointing trustees or fiduciaries
Challenges often arise after a grantor’s death—or during periods of illness—when dissatisfied relatives believe they should have received more. These disputes can threaten years of careful planning and expose families to costly litigation.
We regularly defend against claims such as:
Undue Influence
Allegations that the grantor was pressured or manipulated into changing estate plans.
Lack of Mental Capacity
Claims that the grantor did not understand the nature or consequences of their decisions.
Fraud or Forgery
Assertions that documents were falsified or executed improperly.
Suspicious Transfers or Gifts
Challenges to lifetime gifts made shortly before death or incapacity.
Improper Trust Amendments
Attacks on late-stage changes to trusts or estate plans.
Not every change to a will or trust is suspicious. New Jersey law protects a grantor’s right to change their mind—so long as those decisions were made freely and competently.
At Joshua G. Curtis Law, grantor defense is handled with precision, discretion, and deep knowledge of New Jersey estate litigation.
We begin with a thorough review of:
Estate planning documents
Medical and capacity records
Attorney drafting history
Witness statements
Financial and transaction records
We build strong evidentiary records demonstrating:
Testamentary and contractual capacity
Independent decision-making
Absence of coercion or manipulation
Consistency with long-term estate planning goals
Whenever possible, we seek efficient resolution through negotiation or motion practice. When litigation is unavoidable, we are fully prepared to defend the grantor’s intent aggressively in court.
Joshua G. Curtis has extensive experience litigating in New Jersey trial courts and appellate courts, giving clients confidence at every stage of the process.
Grantors facing challenges during their lifetime
Estates defending a deceased grantor’s decisions
Trustees and fiduciaries acting pursuant to grantor instructions
Beneficiaries aligned with the grantor’s intent
Our balanced experience—representing both challengers and defenders—allows us to anticipate opposing strategies and respond effectively.
Focused Estate Litigation Experience
Over a decade handling trust, estate, and fiduciary disputes in New Jersey.
Personal Representation
You work directly with Joshua G. Curtis—not junior associates or paralegals.
Proven Courtroom Skill
Experience in more than 10 appellate matters, including the New Jersey Appellate Division and Supreme Court.
Strategic, Non-Pretentious Counsel
Clear advice, responsive communication, and practical solutions tailored to your situation.
Time limits apply to many estate and trust disputes in New Jersey. Early legal intervention can preserve evidence, limit exposure, and significantly improve outcomes.
If you are facing a challenge to a trust, will, or lifetime transfer—or expect one—contact Joshua G. Curtis Law today for a confidential consultation.
Phone: 551-500-5680
Email: joshuagcurtis@gmail.com
Office: Hackensack, New Jersey
