Legal Articles

Estates & Trusts Litigation

E. Elizabeth Sweetser

Keep an Eye on Your Trustee!

seek workers' compensation benefits in New Jersey

Power of Attorney and the Potential for Abuse

Will Contest in New Jersey

Sign up to PR&A News

Be the first to know about firm news, articles, and announcements!

E. Elizabeth Sweetser

Choosing And Evaluating Your Attorney

E. Elizabeth Sweetser

Trust Beneficiaries — What Kind Of Discretion Do Your Trustees Have?

Elyse C. Herman

Contesting a Will: Protect Your Parents From Undue Influence

E. Elizabeth Sweetser

The Rules Governing The Conduct And Ethics Of New Jersey Attorneys

The History of “Going to court is hardball”

E. Elizabeth Sweetser

Keep an Eye on Your Trustee!

How to Select a Lawyer

Can DNA Testing Be Used To Disinherit A Potential Heir?

The Basics of Living Wills

Elyse C. Herman

Beware of Joint Bank Accounts

Elyse C. Herman

Partition: When a Co-Owner of Real Estate Refuses To Sell

Power of Attorney and the Potential for Abuse

Safeguarding the Wishes of the Creator of the Trust or Will

Estates & trusts litigation is among the most factually and legally complex types of legal disputes. Whether you are pursuing a claim or defending, you need a knowledgeable and experienced lawyer to guide you through the litigation process and effectively advocate for your interests.

See all Estates & Trusts Litigation results

CONSUMER FRAUD VICTORY AGAINST COUNTRY’S LARGEST REVERSE MORTGAGE BANK

In a consumer fraud action against the country’s largest reverse mortgage bank, the Appellate Division reversed a Law Division decision and ruled that the monthly proceeds of a reverse mortgage are subject to a Writ of Execution.

CONSUMER FRAUD JUDGMENT AGAINST NEW HOME BUILDER

In an Appellate Division decision, the appeals Court upheld a Consumer Fraud judgment in favor of our clients entered by the Law Division-Burlington County. A Limited Liability company that builds new homes, and some of its owner-members and employees were ordered to pay treble damages and counsel fees in excess of $220,000.00.

$2.5 MILLION JUDGMENT ON BEHALF OF HOMEOWNER THAT WAS DEFRAUDED BY A CONTRACTOR

Our client, a homeowner, was defrauded by a contractor who was hired to perform extensive work at his home. The contractor took the homeowner’s money but failed to perform much of the work and the work that was performed was defective which led to the property being seriously damaged.

PRA APPELLATE ATTORNEYS OBTAIN AFFIRMANCE OF TRIAL COURT DECISION ON BEHALF OF EXECUTORS OF AN ESTATE

We represented the co-executor defendants in an estate litigation. The plaintiff was the wife of the Decedent and made a claim to half of the $2.7 million proceeds from the sale of development rights to a property owned by the Decedent.

GRANT OF SUMMARY JUDGMENT TO HIGH SCHOOL BASKETBALL REFEREE ASSOCIATION DEFENDED IN APPELLATE DIVISION AND NJ SUPREME COURT

A female high school basketball referee (the plaintiff) brought suit against the association to which she belonged, claiming that she was the victim of gender discrimination because the association did not assign her to officiate boys’ varsity basketball games.

REMOVAL OF A TRUSTEE OF A MULTI-MILLION DOLLAR DYNASTY TRUST FOR BREACH OF DUTY

The patriarch of a wealthy New Jersey family created and generously funded a dynasty trust, the income of which was to be distributed by the three trustees to charity for several decades and thereafter the income and principal became available to be distributed to the family in amounts and at times to be decided by the trustees. When the charitable period of the trust ended, the trustees asked the Court to enter an order naming the members of the family beneficiary class of the multi-million-dollar trust.

Scheme to Defraud Our Clients Out of Millions Thwarted

When the patriarch of the family farm passed away, he willed the farm equally to his three grown children. One wanted to work the farm with her husband but could not afford to buy out her siblings at market value. However, she was able to negotiate purchase from her siblings for a below-market price and very favorable mortgage terms in exchange for agreeing to share the profits with them of any eventual sale of the property down the road. Over time the farmland became very valuable.

FINAL RESTRAINING ORDER SUCCESSFULLY DEFENDED TO THE APPELLATE DIVISION AND NJ SUPREME COURT

An adult daughter filed a Domestic Violence Complaint against her father, alleging the predicate offenses of stalking and harassment. With the help of one of our family law attorneys, the 28-year-old prevailed at trial and obtained a Final Restraining Order against her father.

NATIONAL BANK REQUIRED TO REIMBURSE LOSSES CAUSED BY MISMANAGMENT OF INVESTMENTS

A young adult male client was rendered a quadriplegic after travelling down a slide at a water park head-first at the direction of the person staffing the slide. One of our personal injury attorneys sued the water park, and our client obtained a multi-million dollar settlement. The client then named a well-known national bank as his trustee to manage this money so that there were sufficient funds to care for the client for the rest of his life. The bank, however, invested some of our client’s funds in risky stocks, causing significant financial losses in our client’s portfolio.

PRA Appellate Attorneys Win First Amendment Landmark Decision In NJ Supreme Court

In a landmark decision, the New Jersey Supreme Court unanimously held that the Lawrence Township sign ordinance violated our client's First Amendment right to free speech and is unconstitutional. At issue was IBEW Local 269’s use of a 10-foot-tall rat balloon during a labor protest in Lawrence Township.