Avoiding estate litigation is certainly possible by properly planning your estate and implementing appropriate safeguards in the form of wills and trusts. An individual and their family must always anticipate the possibility of disputes between beneficiaries, the executor and the beneficiaries, as well as individuals not named in the will or trust.
At Mishiyeva Law, PLLC., we can provide you and your loved ones with extensive litigation support in order to assist you in resolving costly disputes in a quick and efficient manner. Complex estate litigation should be handled by an attorney and law firm concentrating in this area of law. If you have such a matter in Brooklyn, Manhattan, Queens, Bronx, Staten Island, or Long Island contact our firm today so we can get started on your case immediately.
Contesting a Will in NY
The presence of litigation becomes apparent when either a beneficiary or those who seek to become beneficiaries decide to challenge a will and the validity of the instrument. This is called a will contest. Children and spouses quickly become angry when the will or trust instrument comes to surface and it is revealed that they have been omitted. NYC estate litigation lawyers are able to assist a possible beneficiary in contesting a will assuming there are legal grounds such as:
- Undue influence, fraud by a beneficiary, fraud committed by the executor, or fraud committed by the administrator when no will is in place.
- Improper execution of the will such as the omission of witness signatures or failing to comply with statutory will formalities during execution.
- A lack in testamentary capacity by the testator (the individual creating the will) which would include one being under age, under the influence, or not of sound mind.
In these circumstances, we investigate the situation and seek out the necessary witnesses, gather the needed evidence, and examine the situation in order to provide the appropriate defense in Probate Court.
It may the be the case that an appointed executor or administrator of the estate, or the trustee of a trust instrument breaches their fiduciary duty, fails to disclose assets, sells property for less than fair market value, commingles assets, absconds with estate property, or simply fails to move the matter along. On the opposite side of the spectrum, a beneficiary may accuse the executor or trustee of impropriety and misdealing, thereby requiring the fiduciary to defend their actions in Surrogate’s Court. Such allegations are a serious matter and require the assistance of an aggressive New York probate attorney to examine your case in order to find the fastest solution to your sensitive situation.
Get The Right Estate Law Firm On Your Side
Our law firm, Mishiyeva Law, PLLC., handles cases dealing with estate planning, estate litigation, probate and estate administration, elder law, and Medicaid planning. If you or a loved one require the services of a law firm to assist you with contesting a will or require defense against a will contest, contact us today. We are located on 85 Broad Street 18th Floor, New York, NY 10004. We can be reached at (646) 535-1667.