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New Jersey Estate Planning — Protecting What You Built

You Spent a Lifetime Building It. Make Sure It Goes Where You Intend.

Estate planning is not just for the wealthy. It is for anyone who has built something — a business, a home, a family, a career — and wants to make sure it is protected and transferred according to their wishes. Without a proper estate plan, the state of New Jersey decides what happens to everything you have built.

Sean Branigan brings a unique perspective to estate planning — as a business owner, property owner, and financial strategist with Harvard Business School training. He understands the business and financial dimensions of estate planning, not just the legal ones. He builds estate plans that protect assets, minimize taxes, and ensure that your wishes are carried out.

He is also an aggressive probate litigator. When estates are contested — when a will is challenged, when an executor is mismanaging assets, when a beneficiary is being cheated — Sean fights with the same ferocity he brings to every matter. Estate disputes can be as contentious as any business or family dispute, and they require a trial lawyer who is not afraid to go to court.

Whether you need a comprehensive estate plan or an attorney to fight for your rights in a contested estate — Sean is the attorney who understands both the planning and the litigation.

Reach Sean Directly

Direct Cell

973.519.3332

Office

973.744.2223

Free diagnosis & strategy session available.

Strategic consultation: $1,000.

True victims & the wrongfully accused are never turned away.

Bilingual — English & Spanish.

Schedule Online

Scope of Representation

What Sean Handles in Estate Planning & Probate

Wills & Testamentary Planning

A properly drafted will is the foundation of every estate plan. Sean drafts wills that clearly express your wishes, minimize the potential for disputes, and comply with New Jersey's formal requirements.

Revocable Living Trusts

A revocable living trust allows assets to pass to beneficiaries without going through probate — saving time, cost, and privacy. Sean drafts and funds trusts as part of a comprehensive estate plan.

Powers of Attorney

A durable power of attorney designates someone to manage your financial affairs if you become incapacitated. Sean drafts powers of attorney that provide the authority needed while protecting against abuse.

Healthcare Directives

A healthcare directive (living will) and healthcare proxy designate your healthcare wishes and your healthcare decision-maker. Sean drafts these documents as part of every comprehensive estate plan.

Estate Administration & Probate

Executors and administrators have significant legal obligations. Sean guides executors through the probate process — from filing the will to distributing assets — ensuring compliance with New Jersey law.

Will Contests & Estate Litigation

When a will is challenged on grounds of undue influence, lack of capacity, or fraud — or when an executor is mismanaging the estate — Sean litigates aggressively to protect the beneficiaries' interests.

Business Succession Planning

Business owners need a succession plan that addresses both the legal and business dimensions of transferring ownership. Sean's business background makes him uniquely effective in business succession planning.

Asset Protection Planning

Protecting assets from creditors, lawsuits, and other threats requires careful planning. Sean advises clients on asset protection strategies — including trusts, LLCs, and other vehicles.

Who Calls Sean

This Practice Area Is Built for You If…

Serving families, business owners, and property owners throughout New Jersey — with particular depth in Essex County (Montclair, Livingston, Millburn, Short Hills, Maplewood), Morris County (Chatham, Madison, Florham Park), and Hunterdon County.

  • You are a business owner who needs a succession plan that addresses both the legal and business dimensions of transferring ownership.
  • You are a property owner who wants to ensure your real estate passes to your heirs without going through probate.
  • You are a parent who wants to ensure your children are provided for and that a guardian is designated.
  • You are a beneficiary whose rights are being violated by an executor or administrator.
  • You believe a will was the product of undue influence or was executed when the testator lacked capacity.
  • You are an executor who needs guidance on your legal obligations.
  • You want to protect your assets from potential creditors or lawsuits.
  • You have a blended family and need an estate plan that addresses the complexity of multiple relationships.

Common Questions

Frequently Asked Questions

What happens if I die without a will in New Jersey?

If you die without a will (intestate), New Jersey law determines who inherits your assets — based on a fixed formula that may not reflect your wishes. Your assets will go to your closest relatives in a specific order, regardless of your actual relationships or intentions. A will ensures your assets go where you intend.

What is the difference between a will and a trust?

A will takes effect at death and must go through probate — a court-supervised process that can be time-consuming and expensive. A trust takes effect during your lifetime and allows assets to pass to beneficiaries without probate. Sean advises clients on the appropriate vehicle for their estate planning goals.

What are the grounds for contesting a will in New Jersey?

A will can be contested in New Jersey on grounds including lack of testamentary capacity (the testator did not understand what they were doing), undue influence (someone improperly pressured the testator), fraud, and improper execution. Sean has successfully contested and defended wills on all of these grounds.

What is an executor's duty in New Jersey?

An executor has a fiduciary duty to the estate's beneficiaries — to administer the estate honestly, prudently, and in accordance with the will and New Jersey law. Breach of fiduciary duty can result in personal liability. Sean advises executors on their obligations and pursues claims against executors who breach their duties.

How does estate planning interact with business succession?

For business owners, estate planning and business succession planning are inseparable. The estate plan must address what happens to the business at death — who takes over, how the business is valued, and how the transition is funded. Sean's business background makes him uniquely effective in integrating estate planning and business succession.