Estate Litigation

If one believes that an executor is stealing, misappropriating, or otherwise improperly utilizing estate resources, an interested party or beneficiary has numerous channels for recourse. However, as these are strong accusations, one who is accusing the executor should have concrete evidence to substantiate their claim and not rely on pure speculation or conjecture. If you Read on…

New York estate law has adopted and implemented an anti-lapse statute. This law is designed for situation where the beneficiary under the terms of a Will dies before the person who executed the Will, known as the testator. The anti-lapse statute was enacted to balance the equities of the wishes of the testator versus the Read on…

When a person dies intestate (without a will), statutory law determines how that person’s estate will be distributed. Essentially, the assets are divided according to who is that person’s next of kin. Once necessary funeral expenses, estate administration costs, debts, and taxes of the decedent and estate are paid (i.e. final income taxes (IRS 1040), Read on…

New York probate law sets forth very specific objections that one can utilize to contest the validity of a NY Will. The first parameter before even getting to the issue of filing objections is that one has legal standing to initiate such a challenge. Assuming you meet the initial hurdle of having a pecuniary interest Read on…

When a will can be contested? In order to contest a will, or challenge the validity of a Will seeking admission to probate in New York State, you must have legal standing to commence such a challenge. To challenge that the provisions contained in the will, or the will itself, is invalid, you must have Read on…

The most common scenario for the disputing of a will (wills) by the issue (children) of the deceased is when that child is “disinherited” (i.e. “For my own personal reasons, I leave no provisions for child A”). Basically, that child who is disinherited will make certain claims to justify that the will is not valid, Read on…

There are essentially four categories of objections that an interested party can make if they are going to object to a Will being admitted to probate. I will give a cursory review of the basis for said objections. The first basis to object to a Will being offered for probate in the Surrogate’s Court is Read on…

The New York Surrogate’s Court Procedure Act (SCPA) sets forth the mechanisms if an interested party wishes to a contest a Last Will and Testament that is being offered for probate in the Surrogate’s Court. The first order of business would be to secure the services of an experienced estate litigation attorney who can review Read on…