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Law office of Robert Aufseeser
Law office of Robert Aufseeser

732 201 6460

New Jersey Estate Litigation Attorney

Estate disputes can raise difficult legal, financial, and family issues at the same time. A will may be challenged. A beneficiary may question an executor’s conduct. A trustee may refuse to provide information. Family members may disagree about lifetime gifts, property transfers, or what the decedent intended.

As a New Jersey estate litigation attorney, Robert Aufseeser represents executors, trustees, beneficiaries, heirs, and other interested parties in contested estate and trust matters. We help clients understand the legal issues, evaluate the available evidence, and decide whether the matter calls for negotiation, court intervention, or another approach.

Every dispute is different. Some require immediate action. Others can be resolved without prolonged litigation. The first step is understanding what happened and what options are available.

New Jersey Estate Litigation Attorney
New Jersey estate litigation attorney handling will contests, undue influence, capacity, fiduciary disputes, trust litigation, accountings, and probate claims.
Protect Yourself from Attack
If you were named as executor under a will, or as trustee, then you are a fiduciary. The acts of a fiduciary are regulated by statute and case law, and if you're not careful, you might create a situation where you become personally liable for losses suffered by the estate.
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Will Challenge
If you were hurt by the probate of a will that was the product of fraud or duress or mistake--or maybe the testator created a will at a time when his or her mental capacity was questionable--there are actions you can take to protect yourself and those who depend on you. The law allows interested parties to challenge wills on various grounds, but strict time limits apply. If you wait too long, you could miss your chance to bring a viable claim.
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Undue Influence
A will that is the product of undue influence is void. Undue influence has been defined by case law in NJ as being “mental, moral or physical exertion which has destroyed the ‘free agency of a testator’ by preventing the testator ‘from following the dictates of his own mind and will and accepting instead the domination and influence of another.’” Haynes v. First Nat’l State Bank, 87 N.J. 163, 176 (1981)
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Will Challenge
The law allows interested parties to challenge wills on various grounds, but strict time limits apply. If you wait too long, you could miss your chance to bring a viable claim.
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Protect Yourself from Attack
The actions of Executors and Trustees are regulated by state law. If you break the law, you could be personally liable. Protect yourself.
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Undue Influence
A will that is the product of undue influence is void.
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Our Approach to Estate Litigation

Every estate dispute has a legal issue, but the legal issue is rarely the only concern.

Before recommending a course of action, we look at the governing documents, available evidence, value of the property involved, tax consequences, relationships among the parties, cost of proceeding, and the client’s actual objective.

Sometimes immediate court intervention is necessary. For example, assets may be at risk, a fiduciary may refuse to provide information, or a probate deadline may be approaching. In other matters, however, obtaining records, compelling an accounting, opening communication, or negotiating a structured resolution may produce a better result.

Our goal is to match the strategy to the problem. When litigation is required, we prepare the matter with the expectation that the evidence—not emotion—will ultimately drive the outcome. When a dispute can be resolved efficiently without prolonged litigation, we work toward that result instead.

Representative New Jersey Estate Litigation Matters We've Handled

  • Defended an executor against allegations of undue influence and in a contested fiduciary accounting brought by a beneficiary.
  • Defended a beneficiary against an attempt to probate an unsigned writing as a Last Will and Testament.
  • Obtained probate of a testamentary writing that did not satisfy the ordinary execution requirements for a formal will under New Jersey law.
  • Obtained probate of a copy of a will when the signed original could not be located.
  • Represented an executor in insolvent estate proceedings involving creditor claims and potential fiduciary liability.
  • Obtained court approval of a Special Needs Trust in connection with a guardianship proceeding.
  • Represented a family in a guardianship proceeding for an individual with autism.
  • Resolved a high-value estate dispute involving estranged siblings without contested litigation.
  • Used negotiated settlement procedures to address decades of trustee financial transactions and reduce potential fiduciary exposure.

Types of Estate Litigation We Handle

Take the Next Step

Whether it’s on offense or defense, litigating estate matters can be overwhelming.  And mistakes can be costly.  If you’re involved in an estate matter that might be headed to the courtroom, give us a call and let us put our experience to work for you. Our years of experience allow us to plan, prepare, and quickly act to protect your interests. Contact us to learn more.