Ronald P. Colicchio

Ronald P. Colicchio
Primary Office
Experience

Will Contests

Ronald handles will contests, including those involving allegations of lack of capacity, fraud and undue influence.

Select representations include:

  • Conducted a number of successful trials in the Superior Court of New Jersey (Bergen, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris and Somerset Counties (among others)), and the Supreme Court of New York (New York, Kings, Suffolk, Queens and Erie County) defending against and filing claims of lack of capacity and undue influence.
  • Successfully achieved a trust reformation in an action pending in Atlantic County, New Jersey.
  • Personally responsible for conducting trials, depositions, hearings and motions.
  • Filed and then settled a will contest and shareholder dispute in Delaware Chancery Court and in the Probate Court, Palm Beach County, Florida concerning the disposition of Florida and New Jersey real estate assets in excess of $25 million.
  • Litigated a matter in the New Jersey Supreme Court involving the admission of an unsigned copy of a will to probate.
  • Successfully settled a matter brought in the Queens County Surrogate's Court seeking to set aside a will and revocable trust agreements which removed a client as a beneficiary of her mother's rather sizeable estate as the product of undue influence, after taking only a few depositions.
  • Successfully concluded a jury trial in the King's County Surrogate's Court in favor of decedent's longtime friend and neighbor who was named as beneficiary of his estate in lieu of distant relatives who had alleged that the will was the product of fraud and undue influence.
  • Achieved a quick settlement in a will contest filed in the New Jersey Superior Court, Chancery Division, Probate Part brought against a second husband of the decedent.
  • Negotiated a meaningful settlement on behalf of decedent's children after filing an action based on undue influence in the Superior Court of New Jersey, Somerset County, involving various transfers of real estate interests prior to decedent's death.

Accounting and Other Actions Involving Executors and Trustees

Ronald represents both executors and trustees in legal disputes involving the accounting of money, property and other assets in estates and trusts. He also handles related matters, such as disputes on the distribution of assets and misappropriation of monies from estates and trusts.

Select representations include:

  • Conducted a trial and successfully defended an agent under a power of attorney against claims of breach of fiduciary duty and conversion.
  • Conducted a trial and successfully defended an administrator in the Superior Court of New Jersey, Hunterdon County
  • After a full hearing in the Superior Court of New Jersey, Middlesex County, achieved a verdict in a matter surcharging the substitute administrator of the estate for failure to properly distribute assets of the estate to decedent's son.
  • Achieved a quick settlement in a hotly contested accounting action filed in the Superior Court of New Jersey, Ocean County, after many months of unsuccessful litigation by prior counsel.
  • Successfully defended an executor in an action in the Superior Court of New Jersey, Bergen County, filed by his brothers alleging fraud and misappropriation of monies regarding their mother's estate.
  • Negotiated a settlement on behalf of decedent's spouse against co-trustees of a trust which was set up for her benefit, after alleging breach of fiduciary duty and failure to properly distribute assets.

Other Estate and Trust Litigation

Ronald also handles matters involving contested inter vivos transfers, changes of beneficiaries on accounts, actions for breach of fiduciary duty, contested guardianships, power of attorney actions, forgeries, and other estate and trust related litigation.

Select representations include:

  • Successfully petitioned to have niece appointed as guardian in the Superior Court of New Jersey, Middlesex County, after the death of the prior guardian.
  • Obtained a judgment in the Superior Court of New Jersey involving the alleged forgery of a deed prior to the decedent's death.
  • Negotiated a settlement between beneficiaries of an estate pending in the Superior Court of New Jersey, Hudson County after alleging undue influence and fraud against a party who was instrumental in procuring a new will.
  • Successfully probated a hand written codicil of the decedent after filing an action in the Superior Court of New Jersey.
  • Was instrumental in achieving a resolution of trust litigation in the New York County Surrogate's Court.

Contested Gifts

  • Successfully litigated through trial a claim of undue influence which resulted in a return of improvident gifts which were not authorized by our client.