Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
As contested wills attorneys, we can help you litigate a will contest. Our law firm in New York City has extensive experience in will contests. We have litigated will contests for almost two decades, consistently achieving superior results.
Here are some of the key services and benefits we provide:
Review the Will and Identify Potential Issues
We start by carefully analyzing the will or trust document to identify any ambiguities, inconsistencies or other problems that could lead to a challenge. We look for issues like:
- Unequal distributions of assets
- Confusing or contradictory language
- Errors in executing formalities in the signatures, witnessing, and attestation clause
- Suspicious relationship of witnesses to main beneficiary
- Confidential relationship of main beneficiary to testator
Spotting these issues early allows us to strategize the best approach to dealing with them.
Assesses Validity of Will Contest Claims
In many contests, the disgruntled parties will claim the will is invalid due to undue influence, lack of testamentary capacity, or improper execution. We evaluate the merit of these claims based on the evidence and applicable state laws. We can then provide an honest assessment of whether the will is likely to be upheld or struck down if challenged.
Negotiate with Other Parties
Ideally, an estate dispute can be settled through negotiation rather than going to court. We work to negotiate a settlement with the executors, trustees, and beneficiaries involved in the dispute. Through pragmatic negotiations, we aim to reach a compromise that avoids costly litigation.
File Litigation When Needed
If a settlement can’t be reached, we can file litigation and represent you through the will contest proceeding in Surrogate’s Court. We build the strongest case possible to invalidate the current will or uphold your position. We handle all aspects of the litigation process on your behalf.
Conduct SCPA 1404 Discovery
We conduct SCPA § 1404 discovery to obtain evidence that can support the grounds for a will contest. We conduct depositions of the nominated executor, witnesses, and the attorne-draftsman to elicit relevant information that can strengthen our case. We subpoena important documents such as medical records, financial records, attorney-draftsman notes, and correspondences to obtain evidence to support the will contest.
Navigate Complex Estate Laws
We know the intricate legal issues that can arise in contested wills disputes. We are familiar with laws and cases relating to will executions, challenges, and interpretations that come into play during will contests. We know how to apply these laws and cases to give your contest the highest chance of success.
If you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. We cover Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, Suffolk County and Westchester County. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
