New Jersey Probate Litigation
  • Accountings and Information Requests
  • Breach of Fiduciary Duty
  • Contested Lifetime Gifts
  • Contested Wills
  • Fraud
  • Guardianships
  • Lack of Capacity
  • Removal of an Executor or Trustee
  • Suspicious Asset Transfers
  • Undue Influence
These are a few of the types of cases that go before New Jersey Surrogate and Chancery Courts.

New Jersey probate litigation is broadly understood as the formal legal process to resolve these, and other similar, types of disputes. Some cases go to trial; many others are resolved through alternative forms of dispute resolution. No matter the method of resolution, all cases require knowledgeable and experienced counsel to plan, prepare, and execute effective case strategies.

Recent cases I have handled include
:

Defending an Executor against charges of undue influence and the presentment of a formal accounting action brought by the decedent's daughter;

Defending a beneficiary against the probate of an unsigned note that was purported to be a Last Will & Testament;

Admitting a will to probate that did not comply with the legal formalities for wills under New Jersey law (N.J.S.A. 3B:3-2);

Admitting a photocopy of a will to probate;

Using insolvent estate proceedings to protect assets from creditors and to absolve the Executor of liability;

Creating a court sanctioned Special Needs Trust to protect assets in the context of a Guardianship proceeding;

Avoiding litigation in a $10M+ estate where the only beneficiaries were estranged siblings who felt agrieved by each other.

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Robert I. Aufseeser, J.D., LL.M.

New Jersey Probate Litigation
  • Accountings and Information Requests
  • Breach of Fiduciary Duty
  • Contested Lifetime Gifts
  • Contested Wills
  • Fraud
  • Guardianships
  • Lack of Capacity
  • Removal of an Executor or Trustee
  • Suspicious Asset Transfers
  • Undue Influence
These are a few of the types of cases that go before New Jersey Surrogate and Chancery Courts.

New Jersey probate litigation is broadly understood as the formal legal process to resolve these, and other similar, types of disputes. Some cases go to trial; many others are resolved through alternative forms of dispute resolution. No matter the method of resolution, all cases require knowledgeable and experienced counsel to plan, prepare, and execute effective case strategies.

Recent cases I have handled include
:

Defending an Executor against charges of undue influence and the presentment of a formal accounting action brought by the decedent's daughter;

Defending a beneficiary against the probate of an unsigned note that was purported to be a Last Will & Testament;

Admitting a will to probate that did not comply with the legal formalities for wills under New Jersey law (N.J.S.A. 3B:3-2);

Admitting a photocopy of a will to probate;

Using insolvent estate proceedings to protect assets from creditors and to absolve the Executor of liability;

Creating a court sanctioned Special Needs Trust to protect assets in the context of a Guardianship proceeding;

Avoiding litigation in a $10M+ estate where the only beneficiaries were estranged siblings who felt agrieved by each other.

By Topic

For case archives, click here.

Accounting Actions

Breach of Fiduciary Duty

Contested Gifts

Fraud

Guardianships

Joint Accounts

Lack of Capacity

Legal Fees

Removal of Executor or Trustee

Taxation

Undue Influence
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 2017 Robert I. Aufseeser. All rights reserved.
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