Practice Areas

Sherman Atlas’ Trust & Estate Litigation Group is composed of seasoned trial attorneys with extensive experience representing individual and corporate fiduciaries, beneficiaries (including charitable and tax-exempt organizations) and family offices in pursuing and defending probate and fiduciary litigation claims.  We regularly appear in both state and federal courts, including the probate courts of New Jersey and the Surrogate’s Courts of New York, where we handle the full spectrum of trust and estate litigation, including will and trust contests, elective share claims, breach of fiduciary duty claims, proceedings to remove fiduciaries, contested accountings, and proceedings to modify, reform and/or terminate trusts.  We also represent creditors, including banks and other financial institutions, in preserving and pursuing claims against estates.

Sherman Atlas’ Trust & Estate Litigation team works closely with the firm’s Estate Planning and Administration attorneys, drawing on their deep substantive knowledge of tax, trust, and estate law. Combined with our extensive courtroom experience, that collaborative approach allows us to deliver sophisticated and creative litigation strategies that win cases and drive favorable outcomes for our clients.

Our team takes this same interdisciplinary approach when advising our fiduciary clients on how to avoid potential exposure and minimize litigation risk, by proactively identifying issues and counseling them on how to comply with their fiduciary obligations.  

Additionally, while our Trust & Estate litigators are always ready to take a case to trial, we understand that litigation—whether over a will, a trust, or a closely held business—can be costly, both financially and emotionally. Our practice therefore is not solely focused on courtroom advocacy, but also pre-litigation dispute resolution aimed at resolving conflicts before a lawsuit is filed. Even after litigation is underway, we continue to identify opportunities to achieve favorable, amicable resolutions that protect our clients’ interests.