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732 201 6460

What you Need to Know before Challenging a No-Contest Clause

What you Need to Know before Challenging a No-Contest Clause

2026-08-192026-08-19 Robert Aufseeser

When estate planners use a no-contest clause, they want to reduce the odds of a family fight after death. Lawyers also call these provisions in terrorem clauses. The clause threatens […]

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Estate Litigation Estate Litigation, Estate Planning, No-Contest Clause
Joint Revocable Trusts

Joint Revocable Trusts vs. Separate Trusts in New Jersey

2026-07-212026-07-21 Robert Aufseeser

Joint revocable trusts can simplify estate planning for married couples in New Jersey, but they do not always offer the best fit. A couple should consider asset ownership, family relationships, […]

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Estate Planning Estate Planning
Costly Executor Mistakes

Costly Executor Mistakes That Spark Lawsuits in New Jersey

2026-06-262026-06-26 Robert Aufseeser

Executor Mistakes often start with delays, poor communication, or sloppy recordkeeping, but in New Jersey, they can quickly escalate into expensive probate litigation. An executor has real legal duties. The […]

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Estate Litigation, NJ State Law Dispute Resolution, Executors
Revoking a Joint Trust in New Jersey

Revoking a Joint Trust in New Jersey – Lessons from Clements

2026-05-282026-05-28 Robert Aufseeser

Why “Close Enough” Never Works When Revoking a Joint Trust A New Jersey appellate court just reminded every estate planner that revoking a joint trust requires more than good intentions […]

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NJ State Law Estate Planning, trust
Testamentary Capacity Challenges in New Jersey: What Makes a Will Vulnerable

Testamentary Capacity Challenges: What Makes a Will Vulnerable

2026-05-032026-05-03 Robert Aufseeser

Testamentary Capacity is often the first issue families raise when they believe a will does not reflect a loved one’s true wishes. Under New Jersey law, any individual who is […]

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Estate Litigation Dispute Resolution, Estate Litigation, Testamentary capacity, Undue influence
Arbitration Clause hits Testamentary wall in New Jersey

Arbitration Clauses Hit a Testamentary Wall in New Jersey

2026-04-222026-04-22 Robert Aufseeser

Arbitration clauses in wills took a major hit in New Jersey when the Appellate Division decided In the Matter of the Estate of Samuel P. Hekemian. In this published April […]

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Estate Litigation, Estate Planning, NJ State Law Arbitration, Dispute Resolution, Estate Litigation, Estate Planning, Probate
How to De-Escalate Inheritance Disputes Among Siblings

How to De-Escalate Inheritance Disputes Among Siblings

2026-04-162026-04-16 Robert Aufseeser

Inheritance Disputes often begin long before anyone files a court case, because grief, old family roles, and unmet expectations can turn a parent’s estate into a battleground. When siblings fight […]

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Estate Litigation Dispute Resolution
How to Set Up a Charitable Foundation to Honor the Memory of a Loved One

How to Set Up a Charitable Foundation to Honor the Memory of a Loved One

2026-04-012026-04-01 Robert Aufseeser

A charitable foundation can turn grief into a lasting public good, but it works best when you choose the right legal structure before you file a single document. Families often […]

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Estate Planning, Federal Law Charitable Planning, Private Foundation
Nonresident Estate Planning in New Jersey

Nonresident Estate Planning in New Jersey: What You Need to know

2026-03-192026-03-19 Robert Aufseeser

Estate planning gets more complex when you don’t hold U.S. citizenship. Resident aliens (green card holders), visa holders living in the U.S., and nonresidents who own U.S. property all face […]

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Estate Planning Estate Planning, Estate Tax, Nonresident
War Powers Resolution of 1973

US War Powers Tested in the shadow of Purim

2026-03-052026-03-05 Robert Aufseeser

What happened this weekend in Iran Between February 28 and March 1, 2026, President Donald Trump used his War Powers to direct a major U.S. military campaign in Iran alongside […]

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Federal Law Article II, Constitution, War Powers

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