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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
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
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

Failure to Provide Discovery Can End Your Estate Matter

2022-05-092023-02-10 Robert Aufseeser

On appeal from the Superior Court of New Jersey, Chancery Division, Middlesex County, Docket No. 18-000394, the New Jersey Appellate Division upheld the trial court’s dismissal of petitioner’s various estate […]

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Estate Litigation Discovery, Failure to comply with court rules, Litigation
Will Contest goes to court

The Wrong Way to Challenge a Will

2021-04-162026-03-05 Robert Aufseeser

While there may be several good ways to go about challenging a decedent’s last will and testament, in In the Matter of the Estate of Annie Rost, Superior Court of New […]

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Estate Litigation, Probate Estate Litigation, Estate Planning, In Terrorem, No Contest, Order to Show Cause, Probate, Risks of Challenging a Will

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