FAQ For Will Contests in New York City

Here are some frequently asked questions about will contests in New York City.

• What does it mean to contest a will?

  Contesting a will means challenging its validity in court. If someone believes the will doesn’t reflect the true intentions of the deceased or was created under suspicious circumstances, they may contest it.

• Who can contest a will?

  Any person affected by the will, such as beneficiaries or potential heirs, can challenge the will after it’s submitted to the court for approval.

• What is undue influence?

  Undue influence occurs when the testator is manipulated or pressured into creating a will that benefits someone else, often at the expense of their true wishes.

• How is fraud different from undue influence?

  Fraud involves deception, such as lying to the testator about certain facts, which influences how they distribute their property in the will.

• What happens if a will contest is successful?

  If a court determines that all or parts of the will are invalid, the property may be divided as if there were no will at all, following New York’s laws of intestacy.

• How can I ensure my will is not contested after my death?

  It’s crucial to seek legal counsel and follow all legal procedures when creating a will.

• What is the difference between duress and undue influence?

  Duress involves extreme pressure or threats to force someone to create a will in a certain way. Undue influence is more subtle and involves manipulating someone’s decisions without direct threats.

• How long do I have to contest a will after someone’s death?

  The timeframe can vary, but it’s essential to act promptly. Consulting with a legal professional can provide specific guidance on time limits.

• Do I need a lawyer for a will contest?

  While it’s theoretically possible to fight a will contest without legal representation, doing so carries a high risk of losing. Hiring a lawyer can increase the chances of success and ensure you navigate the legal system effectively.

• What is the “sound mind” requirement for creating a will?

  A person is considered of “sound mind” if they understand the nature and extent of their property, know the natural beneficiaries of their estate, and understand the disposition they are making through the will.

• Can I contest a will if I’m not mentioned in it?

  Yes, especially if you are a direct heir or believe you were intentionally or mistakenly excluded. The court will consider your relationship to the deceased and the circumstances surrounding the will’s creation.

• What evidence is needed to prove undue influence or fraud?

  Evidence can include witness testimonies, written communication, suspicious changes in the will shortly before the testator’s death, or evidence showing the testator was isolated from family and friends.

• How long does a will contest typically take in court?

  The duration can vary based on the complexity of the case, the evidence presented, and the court’s schedule. It can range from a few months to several years.

• What are the costs associated with contesting a will?

  Costs can include court fees, attorney fees, expert witness fees, and other related expenses. It’s essential to discuss potential costs with your attorney before proceeding.

• Can a no-contest clause in a will prevent beneficiaries from challenging it?

  A no-contest clause is designed to discourage beneficiaries from contesting the will by stating they will lose their inheritance if they do so. However, the beneficiary can conduct a preliminary probe without triggering the no-contest clause.

• What happens if multiple versions of a will exist?

  The most recent validly executed will is typically considered the final expression of the testator’s wishes. However, if there’s evidence of fraud or undue influence in the latest version, an earlier will might be upheld, or sometimes no will at all.

• Can I contest a will if I believe the executor is acting dishonestly?

  If you believe the executor is not fulfilling their duties or is acting in their own interests, you can petition the court to have them removed and replaced. But this is not a ground for a will contest per se.

• What is the difference between probate and a will contest?

  Probate is the legal process of validating a will and distributing assets. A will contest is a challenge to the validity of the will itself.

• If a will is declared invalid, what happens to the assets?

  If there’s no other valid will, the assets will be distributed according to New York’s intestacy laws, which dictate how assets are divided among surviving relatives.

• On what grounds can a will be contested?

  The grounds for a will contest are lack of execution, forgery, undue influence, lack of capacity, fraud and duress.

If you are involved in a will contest, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York City. You can contact us by calling 212-233-1233 or sending us an email at [email protected].