Category: Wills and Trusts

Although they are different legal instruments, Wills (also referred to as “Testaments”) and Trust agreements both highlight the power of an individual or several individuals to plan and decide how their assets, money, funds and property will be distributed upon this person’s death or upon a certain event. Wills and Trusts are extremely powerful tools to enable individuals to protect their property if they become incapacitated, if they die or if they can no longer manifest the way they want to distribute their assets. Importantly, Wills and Trusts enable an individual to plan ahead and avoid later disputes regarding a deceased person’s assets.

A Last Will and Testament is a document with a legal value and authority if executed properly and under the conditions prescribed by the law. A Will sets the way the decedent’s property will be distributed and to whom it will be distributed, upon the decedent’s death. After the passing of a testator (the person who executed a Will), a Last Will and Testament must be admitted into probate where its validity will be examined. The so-called “probate proceeding” will take place at the Surrogate’s court where the decedent had his or her last permanent residence.

A Trust is a legal agreement by which a individual owning some property (a Grantor) entrusts another person (a fiduciary, a trustee) as the title owner of the property for the benefit of one beneficiary or several determined beneficiaries.  There are multiple types of trust arrangements. The drafting and preparation of a trust must be tailored to the client’s needs, personal or financial objectives and intent with his or her property regarding the beneficiaries of the particular trust. A trust, regardless of the type, is a complex document requiring an experienced attorney to achieve a client’s goals and ensure its validity.

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Will Contests, Probate, and Estate Litigation in New York

Dealing with the passing of a loved one is a difficult time, and matters related to wills and estates can sometimes lead to disputes and legal challenges. Understanding the complexities of will contests, probate, and estate litigation in New York is crucial. At Morgan Legal Group in New York City, we specialize in providing expert legal guidance in resolving disputes related to wills and estates. This comprehensive guide will explore the key aspects of will contests, probate, and estate litigation in New York.

Will Contests

A will contest is a legal dispute that arises when someone challenges the validity of a will. There are several grounds on which a will can be contested in New York, including:

1. Lack of Testamentary Capacity

If it can be proven that the testator (the person making the will) did not have the mental capacity to understand the consequences of their will, the will may be challenged.

2. Undue Influence

If it is believed that the testator was unduly influenced or coerced into making specific provisions in their will, a will contest may ensue.

3. Fraud or Forgery

Wills can be contested if there is evidence of fraud in the execution of the will or if the will is suspected to be forged.

4. Improper Execution

A will must be properly executed according to state laws to be valid in New York. Contestants may argue that the will was not executed correctly.

Probate

Probate is the legal process through which a will is validated and executed after a person’s passing. It involves several steps, including:

1. Filing the Will

The first step in probate is filing the will with the Surrogate’s Court in the county where the decedent lived. The court reviews the will’s validity.

2. Notification to Heirs and Beneficiaries

All heirs and beneficiaries named in the will and those who would inherit if there were no will must be notified of the probate proceedings.

3. Asset Inventory

An inventory of the deceased person’s assets, debts, and liabilities is created. This includes valuing their property and possessions.

4. Payment of Debts and Taxes

Before distributing assets to beneficiaries, the estate’s debts, including taxes, must be paid from the estate’s assets.

5. Asset Distribution

Once debts are settled, the remaining assets are distributed to the beneficiaries according to the terms of the will.

Estate Litigation

Estate litigation encompasses a wide range of legal disputes that may arise in the administration of an estate. Common issues that lead to estate litigation include:

1. Disputed Wills

As discussed earlier, challenges to the validity of a will can lead to estate litigation.

2. Beneficiary Disputes

Disagreements among beneficiaries regarding their entitlements or distributions can result in litigation.

3. Executor or Trustee Misconduct

If an executor or trustee is suspected of mismanaging estate assets or breaching their fiduciary duties, it may lead to litigation.

4. Guardianship Disputes

Conflicts over guardianship or conservatorship of an incapacitated family member can result in estate litigation.

Resolving Disputes

Resolving disputes related to wills and estates in New York often involves negotiation, mediation, or litigation. It is advisable to seek legal counsel to navigate these complex matters effectively.

Conclusion

Dealing with will contests, probate, and estate litigation in New York can be emotionally and legally challenging. At Morgan Legal Group, we are committed to providing our clients compassionate and knowledgeable legal representation. Whether you are facing a will contest or need assistance with probate, our experienced attorneys are here to guide you through the process.

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