Will Contests, Probate and Estate Litigation in New York

Wills are important legal documents that everyone should have, but even the best-written wills can run into problems during the probate process. During probate, the validity of the will is taken into question. The main purpose is to show that it is indeed valid. However, during the probate process, wills can be contested. Will contests, probate and estate litigation in New York can make the probate process become a very lengthy one. An estate planning and probate attorney can help navigate will contests, probate and estate litigation in New York because they will have dealt with it before. It is important to understand how a will is contested in New York so that you may avoid it to the best of your ability.

Russel Morgan - Estate Planning Attorney

Russell Morgan

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212 - 561 - 4299

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rmorgan@morganlegalny.com

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he Morgan Legal Group PC has represented individuals who have been harmed by the conduct of others as well as corporations.

important things you should know

Questions And Answers

Yes, you can avoid will contests, probate and estate litigation in New York. The best way to avoid contests is to hire an attorney who will be able to argue on behalf of the will. Moreover, hiring a lawyer during the creation of the will can help avoid contests later. Taking the proper steps ahead of time will lessen the likelihood of any issues arising.

Yes, an estate planning probate attorney can help avoid will contests, probate and estate litigation in New York by taking the proper steps ahead of time to make possible reasons for the contesting of the will moot.

A probate lawyer can be present at the signing of the will to make sure it was not coerced. Moreover, a probate lawyer can check the mental capacity of the testator through the testator’s doctor and have an official record of it. Additionally, they will help will contests, when they do occur, move quicker than if you had to handle it on your own.  

Yes, a lawyer may be hired as the will is being drafted and written. They can help with the drafting of the will and record proof of the signing of the will, should proof be needed during probate.

When a will is contested and there is probate and estate litigation in New York, the entire process can be lengthened by quite a large margin. Therefore, you should expect to be in probate for at least a year, though if there are many disputes with the will it can last longer.

A will is contested when a beneficiary disputes it officially during the probate process. They must object to certain aspects of the will. A separate hearing will declare whether the will should be upheld or not.

A beneficiary can contest a will. This is someone is who mentioned in the will and objects to aspects of the will. They cannot stand to gain monetarily from the will.

Yes, a will is contested during probate in New York. This is why probate can last a long time.

In New York, there are several reasons why someone may contest a will. These reasons include undue influence, undue execution, incapacitation, fraud, or if the will was rescinded by the testator.

The probate process begins in New York when the testator of the will has died, and the will has been submitted to the surrogate court system in the county where the testator died.

The executor is named in the will and is the person whose responsibility it is to take care of the will during probate and to distribute the assets contained within the will according to the wishes of the decedent.

A beneficiary is the person to who the property of the deceased is distributed. Beneficiaries are the heirs who are listed in the will.

Yes, gifts may be disputed. When they are disputed, they can lead to will contests, probate and estate litigation. They are disputed if there are suspected to be inappropriate handlings of the gifts.

There are several types of gifts that can be disputed during probate. Some of them include gifts that were made before the decedent’s death, gifts made between an agent and a principal in a power of attorney, or gifts made between parents and children.

When there is no will, an estate becomes intestate, which means that it is distributed to the next of kin of the deceased, regardless of what their wishes may have been. Additionally, without a will, there is no probate.

If an heir is upset by what they are receiving in a will, this is not a valid reason to contest a will. To contest a will, there must be a valid, legal reason to do so.

Yes, all heirs must be notified when probate begins in New York. This includes heirs that have not had contact with the decedent.

Probate must declare that a will is either valid or invalid. If there are will contests and estate litigation, it must first settle those disputes. This can lengthen the process considerably.

You can avoid probate if you have a trust as a trust does not need to enter probate. However, you must make sure that the trust is revocable and that assets are transferred before death.

No, there is no legal requirement to have a will. However, it is highly recommended if you want your estate distributed to your wishes.