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Lowenstein Sandler LLP

Robert I. Aufseeser

Robert I. Aufseeser

Counsel

Lowenstein Sandler LLP
New Jersey, U.S.A.

tel: 973.597.2346
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Local Time: Tue. 02:15

Profile

With over ten years of experience planning, administering, and litigating trust and estate matters, Robert has built a reputation for quickly sorting through complex fact patterns and methodically planning and preparing effective case strategies. Robert designs, implements, and manages comprehensive estate plans with the goal of promoting family harmony, avoiding unnecessary taxes, and providing a workable framework for transferring wealth while avoiding animosity and litigation. He has also been successful in litigating family disputes when necessary to protect his clients’ interests.

Robert’s clients include business owners and entrepreneurs, multiple generations of families, beneficiaries, executors, trustees, and guardians. A trained tax attorney, he approaches his representation with an eye toward saving income and transfer taxes for his clients.

Robert has written and lectured extensively on numerous aspects of trust and estate administration, including probate proceedings, writings intended as wills, formal and informal fiduciary accountings, insolvent estates, creditor disputes, the inheritance rights of children, and the preparation of state and federal estate and gift tax returns.

He is a former adjunct professor of business law at Union County College and a Court Appointed Special Advocate (CASA) for children in foster care.

Bar Admissions

    New York
    New Jersey

Education

New York Law School (LL.M. in Taxation 2011)
Syracuse University College of Law (J.D. 2007)
Rutgers University (B.A. 2003)
Areas of Practice
Professional Career

Significant Accomplishments

Successfully removed executors and trustees for breaching their fiduciary duty

Successfully defended an executor against charges of undue influence

Successfully defended a beneficiary against the probate of an unsigned note that was allegedly a last will and testament

Successfully admitted a will to probate that did not comply with the legal formalities for wills under New Jersey law

Used insolvent estate proceedings to protect $2 million in assets from creditors

Created a court sanctioned Special Needs Trust to protect assets in the context of a guardianship proceeding

Used the New Jersey compromise tax to avoid multi-generational estate and inheritance taxes



Professional Activities and Experience

Accolades
  • New Jersey Rising Stars (2015-2018) - Robert Aufseeser

Blogs

Capital Markets Litigation
Lowenstein Sandler LLP 

Litigation News for the Global Financial Community

Articles

In the U.S., laws allow great latitude in how wealth is accumulated and how that wealth is distributed at the owner’s death. The modern law of wills allows for the orderly creation of legal documents (e.g., wills and trusts) to effect a testator’s testamentary intent. This law has been under attack in recent years, however, and advances in technology—particularly tablet computers and other electronic devices—have begun to question traditional notions of what it means to write a will.

Here is a motto worth remembering: The business of cannabis is … business. And, as with any other enterprise, planning matters, implementation matters, safeguards matter.

In a noteworthy decision, the United States Tax Court recently denied income tax deductions claimed by the operators of a medical marijuana dispensary. In Gibson v. Commissioner of Internal Revenue,[1] the United States Tax Court ruled that taxpayers running a medical marijuana dispensary could not deduct those ordinary and necessary business expenses normally associated with the operation of a business. Furthermore, the court ruled that bad record keeping precluded the taxpayers from taking full advantage of allowances associated with the cost of goods sold.


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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