The purpose of estate planning is to develop a plan that minimizes or avoids estate litigation. However, if you are an heir, a creditor, a family member, a child, or a spouse of someone who died and you feel that you have been treated unfairly and/or there has been undue influence fraud or duress, a will proceeding, administration proceeding or trusts proceeding may be necessary to protect your rights and interests.
Contesting the Will in New York
The most common estate proceedings are a will contests. There are a variety of grounds that can be used to challenge the validity of the will, children who have been left out of the will, family members who promises were made to and or individuals who were disinherited from the will who believe that the will should not be accepted by the court as a valid document can retain legal counsel to litigate the validity of the will. The following are issues that can be brought up to the Surrogate’s Court in New York regarding the challenging of the validity of the will.
- The decedent has been the subject of fraud or duress with regard to the preparation of this will.
- Was the will properly prepared and properly executed?
- Has the will been amended, modified or changed?
- Is there a subsequent will or prior will?
- Is the will clear as to the beneficiary scheme?
- Did the decedent, on the day he or she executed the will, have competent mental capacity?
For more than 45 years, Elliot S. Schlissel and his associates have been representing clients with regard to the preparation of wills and litigating wills and litigating all types of issues concerning wills, trusts and estates. The office can be contacted at either 516-561-6645 or 718-350-2802 for a free consultation regarding all types of estate issues.
