Understanding How To Contest A New York Will
A will is meant to distribute assets, make final wishes known and leave directions for an orderly administration of the testator’s estate. Ideally, a will and estate plan prevent disputes among family members and beneficiaries. However, even the most carefully prepared will may be contested when family members disagree about its terms, preparation or execution.
We Have Experience With All Aspects Of Will Contests
At Daniels Norelli Cecere & Tavel P.C., we represent beneficiaries, heirs, executors, administrators and family members in New York will contests. Our attorneys have considerable experience with all types of complex probate litigation, and with the drafting of wills and other estate documents. Whether you are challenging the will or need an attorney to defend it, we can help. When necessary, we will also work to return misappropriated assets to the estate.
If you are the party contesting a will, the burden of proof is on you to demonstrate that the will should be invalidated. You’ll need an experienced probate attorney to help you investigate the situation and proceed with the discovery of assets and accounting of the estate.
Equipped To Expose Errors, Fraud Or A Lack Of Testamentary Capacity
There are numerous reasons that wills are contested, but a few of the most common include:
- Lawyer error in the publication and/or execution of the will
- Undue influence and fraudulent conduct
- Claims that the deceased person lacked testamentary capacity when making, amending or replacing a will
- Breach of fiduciary duty
- Misappropriation or mismanagement of assets
- Late additions of nonfamily beneficiaries
While settling will contests out of court is typically better for all parties, sometimes going to trial is the only way to resolve the matter. Our attorneys are experienced litigators who have practiced for decades in Surrogate’s Court. You can rely on their experience as negotiators and trial attorneys. They will discuss your options with you so you can make an informed decision about how to move forward.