How Is A Will Contested In New York?

How Is A Will Contested

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Contesting a Will in New York and Its Impact on Medicaid Spend Down

Contesting a will is a legal process in which individuals raise objections to the validity or terms of a last will and testament. While will contests are relatively rare, they can have significant implications, particularly in situations involving Medicaid planning and asset protection.

Understanding Will Contests

A will contest typically occurs when one or more parties believe that a will is not valid or that they have been unfairly treated in its provisions. Common grounds for contesting a will include:

  • Lack of Capacity: If the testator (the person creating the will) was not of sound mind or lacked the mental capacity to understand the consequences of their actions when creating the will.
  • Undue Influence: When there is evidence that someone exerted improper influence or pressure over the testator to draft the will in a particular way.
  • Fraud: If the will was created or altered through deceit or fraudulent activities.
  • Improper Execution: When the will does not meet the legal requirements for execution in New York.

Will contests are typically initiated by individuals who believe they should have received a more favorable share of the estate or by those who wish to invalidate the will entirely.

The Impact on Medicaid Spend Down

Medicaid is a government program that provides healthcare coverage to individuals with limited income and assets. To qualify for Medicaid, applicants must meet specific financial criteria, which often involve a Medicaid spend down. The spend down requires individuals to reduce their countable assets to the Medicaid eligibility threshold.

Will contests can affect Medicaid spend down in several ways:

  • Timing: Will contests can be time-consuming and costly. If an estate is tied up in a legal battle, it may delay the distribution of assets and impact an individual’s ability to meet Medicaid’s asset limits within the required timeframe.
  • Assets in Dispute: Assets subject to a will contest may be considered “unavailable” for Medicaid eligibility purposes until the legal dispute is resolved. This can extend the time it takes to meet the spend down requirement.
  • Asset Reassessment: If the outcome of the will contest results in a change in the distribution of assets, Medicaid eligibility may need to be reassessed, potentially affecting an individual’s access to benefits.

Mediation and Settlement

Given the potential complications that will contests can introduce to Medicaid planning, it’s often advisable to explore alternatives to lengthy and costly litigation. Mediation and settlement discussions can help resolve disputes more efficiently, allowing for a quicker distribution of assets and minimizing the impact on Medicaid eligibility.

Additionally, engaging the services of an experienced elder law attorney who specializes in both will contests and Medicaid planning can provide valuable guidance in navigating these complex legal matters. An attorney can help individuals understand their rights, explore settlement options, and ensure that their Medicaid planning goals are met.


While will contests are not common, they can have significant ramifications for Medicaid spend down and asset protection. Understanding the potential impact of a will contest on Medicaid eligibility is crucial for individuals and families engaged in Medicaid planning.

At Morgan Legal Group, our team of experienced elder law attorneys can provide expert guidance on both will contests and Medicaid planning. We work to protect our clients’ interests, ensuring they can access the healthcare they need while preserving their financial security.

If you have concerns about how a will contest may affect your Medicaid planning or if you are facing a will contest in New York, please contact Morgan Legal Group. We are here to help you navigate these complex legal issues.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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