Inheritance Disputes

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Inheritance Dispute

Inheritance Dispute Lawyer in New York

Inheritance disputes can be highly complex and emotionally charged, particularly when family members are involved. If a loved one passes away without leaving a will, or if the will is found to be invalid, an inheritance dispute may arise. In such cases, a skilled estate attorney from Morgan Legal Group in New York City can help you pursue your legal rights and ensure the estate is distributed according to the law.

At Morgan Legal Group, we understand the intricacies involved in inheritance disputes. Our experienced attorneys can help you navigate the legal process and protect your rights. For a free initial consultation, contact us today at (212) 561-4299.

What Is Involved in an Inheritance Dispute?

An inheritance dispute can occur under several circumstances:

  • No Will: If a loved one dies without a will, the estate will be distributed according to intestacy laws.
  • Invalid Will: A will may be deemed invalid if it was forged, improperly drafted, not properly witnessed, or executed when the testator was not of sound mind.
  • Contested Will: A will may be contested if someone believes the deceased intended for the estate to be distributed differently, possibly due to the presence of a living trust or children from a previous marriage.

These disputes often involve interpreting the will, which can be subjective. Courts will consider the language of the will and may also consider the deceased’s verbal or written statements regarding the distribution of the estate.

Reasons a Will May Be Invalid

Several factors can render a will invalid, including:

  • The will was not properly signed by the testator.
  • The will was not properly witnessed by two disinterested witnesses.
  • The will was forged.
  • The will was improperly drafted.
  • The will was improperly executed.

Understanding Intestacy

If a will is found to be invalid, the estate will be distributed according to the laws of intestacy. This means the estate will be divided among the surviving spouse and children. If there is no surviving spouse, the estate will be distributed among the children. If there are no surviving children, the estate will be distributed among the parents of the deceased.

Comprehensive Estate Litigation Services

At Morgan Legal Group, we offer a wide range of services to address estate litigation and fiduciary duty issues:

Estate Planning

Effective estate planning ensures your assets are distributed according to your wishes, minimizing potential disputes among beneficiaries. Our attorneys provide personalized estate planning services to create a comprehensive plan that includes wills, trusts, powers of attorney, and healthcare directives.

Probate

The probate process can be complex and time-consuming. Our experienced probate attorneys guide executors and beneficiaries through the probate process, ensuring the decedent’s wishes are honored and the estate is administered efficiently.

Guardianship

Establishing guardianship is essential for protecting the well-being of minors and incapacitated adults. Our attorneys assist clients in establishing legal guardianship and prioritizing the ward’s best interests.

Elder Law

Elder law encompasses various legal issues affecting older adults, including long-term care planning, Medicaid planning, and protection against elder abuse. Our elder law attorneys provide compassionate and knowledgeable legal services to help seniors and their families navigate these challenges.

Wills and Trusts

Creating a will or trust is a critical component of estate planning. Our attorneys help clients draft wills, establish trusts that reflect their wishes, and provide for their loved ones. We also assist in the administration and management of trusts to ensure they are executed properly.

Steps to Resolving Inheritance Disputes

Addressing inheritance disputes involves several critical steps. At Morgan Legal Group, we follow a comprehensive approach to handle these cases effectively:

  1. Initial Consultation: We begin with a thorough consultation to understand the details of your case and the grounds for the dispute.
  2. Gathering Evidence: Our team collects all necessary evidence, including documents and witness statements, to support your claim.
  3. Filing a Petition: We file a petition with the appropriate court to contest the will or dispute the inheritance, detailing the grounds and evidence for the request.
  4. Discovery Process: Both parties exchange information and evidence. This stage includes depositions, interrogatories, and requests for documents.
  5. Mediation and Settlement: In some cases, mediation may help resolve the dispute without a trial. We negotiate on your behalf to reach a fair settlement.
  6. Trial Preparation: If the case goes to trial, we prepare extensively, ensuring all evidence is ready and witnesses are prepared.
  7. Trial: During the trial, we present your case before a judge, advocating vigorously to protect your interests.
  8. Post-Trial Actions: If necessary, we handle appeals or further legal actions to ensure justice is served.

At Morgan Legal Group, our estate and trust attorneys in New York give clients the time and attention they deserve. We understand the emotional and financial toll these matters can take, so we are dedicated to protecting your rights and interests at every step. Our commitment to personalized service means we tailor our approach to each client’s unique situation, ensuring the best possible outcome.

Many of our clients come through word-of-mouth referrals, reflecting their trust and confidence in our firm. We handle each case with the utmost care and dedication, knowing that no two cases are alike. Morgan Legal Group is here to provide the expert legal representation you need for estate and trust administration in New York.

Contact a New York Inheritance Dispute Attorney Today!

Dealing with an inheritance dispute in New York? Trust Morgan Legal Group’s skilled inheritance dispute lawyers to protect your rightful share. Contact us today for expert guidance and to secure your family’s future.

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 PLLP.

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