Legal Services

Estate & Trust Litigation

Litigation focused on estates and trusts is a rapidly growing area. Each lawyer practicing in the Estate & Trust Litigation Group at Archer concentrates on litigation involving probate matters, estates, trusts, fiduciaries, and guardianships.

Our estate and trust litigation attorneys have represented both institutions and individuals. These institutions include banks, corporate fiduciaries, and investment companies. The individuals include the beneficiaries of estates and trusts, executors, administrators, trustees, surviving spouses, guardians, and incapacitated persons. One of the benefits of our estate litigators is that they work closely with and are supported by the expertise of the Estate Department attorneys and estate administrators in tax and estate administration.

Among our multi-disciplinary services are:

  • Attorney advice on the administration of estate and trust matters
  • Litigation on the interpretation of Wills, trusts, and beneficiary designations
  • Representation in basic Will contests, as well as complex Will contests receiving local, regional, and national media coverage
  • Evaluation and litigation of undue influence and incapacity issues
  • Assistance to executors and trustees on preventing and handling disputes
  • Preparation and presentment of fiduciary accountings
  • Assessment of claims by beneficiaries of estates and trusts
  • Counsel on investment decisions by executors and trustees
  • Counsel on the challenge to or defense of lifetime transfers, gifts, joint accounts, jointly owned property, and beneficiary designations
  • Formation and implementation of administrative policies by fiduciaries
  • Acceptance of appointments by probate judges as counsel and guardians
  • Recovery of costs and counsel fees from estates and trusts
  • Service as mediators certified by the New Jersey Supreme Court
  • Publishing and lecturing on the local and national levels for private firms as well as for the New Jersey Institute for Continuing Legal Education, the American Law Institute and the American Bar Association.

Experience

EXPERIENCED NJ ESTATE ATTORNEY

  • Represented both institutions and individuals including banks, corporate fiduciaries, investment companies, real estate firms, title insurance companies, beneficiaries of estates and trusts, executors, trustees, guardians, incapacitated persons, surviving spouses, investors, realtors, and persons having an interest in real estate.
  • Filing for guardianships and emergency adult protective services such as medical care on behalf of individuals in need, but unable or unwilling to provide the necessary consent.
  • Successfully taking premises liability matters to trial, defending individuals and self-insured corporations in several New Jersey counties.
  • Representing estates, executors, guardians and parties contesting estates in the Chancery Division, Probate Part.

NEWS & EVENTS

08.16.2021 / PRESS RELEASE

Anthony La Ratta Reappointed Chair of American Bar Association Committee

05.01.2020 / ARTICLES

POSTPONED: ARCHER’S 8TH ANNUAL ESTATE LITIGATION SEMINAR

05.16.2023 / EVENTS AND SEMINARS

Steven Mignogna to Speak on Significant Trends in Estate & Trust Litigation at the NJSBA Annual Meeting and Convention

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