A Lawyer’s Legal Brief in a Recent Estate Probate Litigation Case

A Lawyer’s Legal Brief in a Recent Estate Probate Litigation Case

By Fredrick P. Niemann, Esq. of Hanlon Niemann Wright, a Freehold, NJ Estate Probate Attorney

Have you ever been interested to read an attorney’s legal brief involving a claim of undue influence in an estate litigation case?   If so, here you go.

As an introduction to the subject, be reminded that lawyer’s write briefs in order to support their legal positions in Court.  Often times, they will cite cases that have been reported going back 150 years, depending upon the legal issues and facts of the case.  Every case regardless of the legal principles cited in a brief are decided based upon the facts. It is the facts that control the outcome of the case and the judge’s decision coupled with the legal arguments made by the attorney.   I am making available a brief that our office recently filed in a case involving probate estate litigation where allegations of undue influence were made.   I hope that you will find this brief interesting with the objective of giving you an introduction to the broad based legal principles and case law concerning the subject of undue influences.   If your fact pattern involves a case of undue influences, give us a call.   We can evaluate the case for you.   Please understand that not all fact patterns are listed in this brief.  There are literally hundreds of cases with facts that are very similar to yours.   Therefore, the assistance of a qualified probate estate litigation attorney will be helpful to determine whether you have a case for or against contesting a Will, Trust or challenging a Power of Attorney, Guardianship action, etc.  Note also that these principles will be very significant if you are an Executor, Trustee, Power of Attorney, Guardian or other person in a fiduciary relationship and third party makes claims against you.


To discuss your estate probate litigation matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are unable to come to our office.

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