Jay is laser-focused on efficiently obtaining wins for his clients, who hire him for his seasoned judgment in dispute resolution both in and out of the courtroom.  A trusted counselor, he has deep expertise representing all types of stakeholders in sophisticated and complex trust and estate disputes.  Jay has significant experience litigating all manner of breach of fiduciary duty actions, Will contests and other contested probate matters, and fiduciary accountings and removal proceedings. As part of this practice, he counsels private clients in potentially contentious business and personal matters regarding, among other areas, closely-held businesses, real estate, tax and insurance.  Jay’s practice also includes guardianship actions and other contested elder law matters.  A carefully aggressive advocate, Jay’s clients look to him for their thorniest matters.

Jay is well-known in his field, and often speaks and writes on fiduciary litigation topics, including undue influence, no contest clauses, and accounting proceedings.  Jay is a Fellow in the peer-elected American College of Trust and Estate Counsel (ACTEC).  He is pro bono trust and estate litigation counsel to the New York Public Library.  And he is also the chairperson of the Litigation Committee of Trusts & Estates magazine.  Through his network, Jay provides seamless counsel to his multi-jurisdictional clientele.

Prior to forming Elman Freiberg, Jay was the chairperson of Katten Muchin Rosenman’s New York fiduciary litigation practice.  He was also previously an adjunct professor at Fordham University School of Law, where he taught legal writing.  And Jay served as a law clerk for the Honorable Diane Weiss Sigmund, judge for the US Bankruptcy Court in the Eastern District of Pennsylvania.

Jay resides in Manhattan with his wife and two children.  When not with his family or in the office, he can be found training for his next race.  Jay is a veteran of numerous road races and triathlons and, on happy occasion, makes the podium.

Recent Representative Matters

  • Representation of beneficiaries of significant trusts in a complex, multi-jurisdictional contested accounting and fiduciary removal action and related estate proceedings.

  • Defense of a national trust company, as trustee, in US Tax Court and US District Court regarding penalties and judgments levied against businesses previously owned by the trust settlor.

  • Representation of beneficiaries in a breach of fiduciary duty action regarding a domestic estate and trusts and additional entities in Europe and South America.

  • Defense of a trustee facing significant tax liabilities and feuding beneficiaries.

  • Defense of a fiduciary against multi-pronged estate and trust dispute in the U.S. and Europe.

  • Representation of a beneficiary in a complex and contested estate and related trusts regarding significant real estate assets and gifting issues.

  • Representation of a family member in a contested guardianship trial.

  • Provide advice to fiduciaries of trust holding significant stock assets regarding succession issues.

  • Provide advice to a fiduciary facing significant litigation liabilities.

Thought Leadership

  • Chairperson of Cambridge Forum on Private Wealth Litigation

  • Chairperson, Litigation Committee, Trusts & Estates magazine

  • Recognized by Super Lawyers for Estate & Trust Litigation

  • Recognized by New York Law Journal and New York Magazine as a Top-Rated Trusts and Estates Lawyer


  • Fellow, The American College of Trust and Estate Counsel

  • New York City Bar, Member of Trusts, Estates & Surrogate’s Courts Committee

  • American Bar Association, Real Property, Trusts and Estates Law Section, Probate & Fiduciary Litigation Committee

  • New York State Bar Association, Trusts and Estates Law Section, Litigation Committee

  • Yale Club Insurance Study Group

Speaking Engagements & Articles

Logo for the NY Chambers spotlight for Elman Freiberg
Blue and white badge showing Jay Freiberg has been rated by Super Lawyers


  • The George Washington University Law School
  • Binghamton University, State University of New York

Bar Admissions

  • New York

Court Admissions

  • US Tax Court
  • US Court of Appeals, Second Circuit
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, Eastern District of Pennsylvania