When a beneficiary, heir or interested party to a decedent’s New York estate wants to challenge a will or trust, make a claim against the estate or remove an executor of an estate, or the estate wants to fight the challenge, the parties involved require legal representation. A New York probate and estate attorney represents, estates, beneficiaries, heirs, creditors or other interested parties routinely in estate litigation matters.
The most common challenges that may arise include the following:
• Will contest matter by an heir or beneficiary who has been omitted from the will by the decedent
• Undue influence, duress, invalid will claims
• Executor or trustee conflict of interest matter
• Mishandling of the estate assets by the executor
• Challenges by the decedent’s children to a surviving spouse’s inheritance
The party claiming an invalid will challenge must prove that the will was invalid because it did not meet statutory requirements such as it was unsigned or undated, improperly witnessed, the will was handwritten, there was fraud, duress or the testator was mentally incompetent at the time of the making of the will. Witnesses may need to be called or medical records obtained to prove the testator’s intent or mental capacity.
If you are claiming that an executor has mishandled estate assets or is unqualified to manage the estate, you must do so by proving that the executor/personal representative had a conflict of interest or received personal financial gain, committed fraud or didn’t follow the proper procedures under New York probate laws.
Since probate litigation matters are complex and can deplete estate assets, it is important that they be dealt with professionally by a competent New York probate and estate attorney and settled quickly so that the rightful beneficiaries can receive their full inheritances. Since most people are not experienced in handling estate litigation matters, they generally seek the assistance of New York probate and estate attorney.
If you are involved in an estate litigation matter, it is recommended that you consult with a New York probate and estate attorney to discuss your legal remedies and options so that you are treated fairly. Having the proper legal representation gives you the peace of mind that someone is looking out for your best interests.
If you wish to speak to a New York estate attorney, call the Law Offices of Albert Goodwin at (212) 233-1233.