Justin M. Smigelsky


Justin Smigelsky practices in all facets of trusts and estates law, with an emphasis on probate litigation. He has extensive experience in will contests, matters involving pre-death misconduct and power-of-attorney abuse, actions to settle or compel settlement of fiduciary accounts, and funeral and interment / disinterment disputes.

Probate litigation is a unique and burgeoning area of the law, requiring particularized knowledge. Mr. Smigelsky is familiar with the unique rules, procedures, and substantive law involved in probate litigation, which allows him to routinely navigate the Probate Part of the Superior Court as well as the New Jersey Surrogate Courts. Working under partner John Loalbo, the probate litigation department of Windels Marx litigates probate matters on a national basis.

Mr. Smigelsky’s experience in probate litigation also permits his guidance of clients through the administration process – whether the client is a fiduciary, beneficiary, or interested party to an estate or trust – and allows him to anticipate commonly litigated issues and advise clients accordingly in an effort to reduce the likelihood that the client’s estate is the subject of litigation.

While a student at Widener University School of Law, he served as a staff member (2010-2011) and Research Editor (2011-2012) for the Widener Law Review, President of the Military Law Society, and Research Assistant to Professor James R. May. He completed his undergraduate studies at Rutgers College, Rutgers University - New Brunswick with a B.A. in criminal justice and a minor in political science. While at Rutgers, he was a varsity member of the Division I wrestling team.


  • New Jersey State Bar Association
    • Real Property, Probate and Trust Law Section
    • Family Law Section
    • Young Lawyers Division
  • Middlesex County Bar Association
    • Family Law Section
    • Chancery Practice Section
    • Elder Law Section
    • Civil Trial Practice Section
  • Old Bridge Township Ethical Standards Board (2013-2016)
  • Old Bridge Township Recreation Advisory Committee (2013-2016)
  • Madison Township Historical Society
  • The Matawan Historical Society
  • Benevolent and Protective Order of Elks, Lodge 2229
  • Old Bridge Mat Rats Volunteer Youth Wrestling Coach (2000, 2001, 2012, 2013)

Justin M. Smigelsky


Madison, NJ
T. 973.966.3202
F. 973.966.3250

  • J.D., cum laude, Widener University School of Law, 2012
  • B.A., Rutgers College at Rutgers University

  • New Jersey