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Can the President Remove the Fed Chair? Legal Perspectives
Publications

Can the President Remove the Fed Chair?

Understanding Presidential Powers Over the Federal Reserve With growing discussions around the President’s influence over the Federal Reserve, the question of whether a sitting president

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Legal Insight on YouTube Allegations
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Legal Insight on YouTube Allegations

Cancel Culture: Legal Insight on Rosanna Pansino’s FBI Report Against MrBeast In the rapidly evolving social media landscape, allegations and accusations can surface quickly, often

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What is Elder Law in New York 2024?
elder law

WHAT IS ELDER LAW?

Understanding Elder Law in New York 2024 As individuals age, their legal needs evolve, requiring specialized expertise in areas affecting their health, assets, and legacy.

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All About Trusts and Wills in New York
Estate Planning

All About Trusts and Wills in New York

Understanding Trusts and Wills in New York: Essential Tools for Estate Planning Planning for the future requires careful attention to detail, especially when it involves

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Attorney for Wills and Trusts
Estate Planning

Attorney for Wills and Trusts

Discover expert guidance for Wills and Trusts in New York. Morgan Legal Group provides personalized estate planning for peace of mind.

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Different Types of Wills in New York
Estate Planning

Different Types of Wills in New York

Understanding Different Types of Wills in New York Wills are critical estate planning documents that allow individuals to express how they want their assets distributed

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Common Probate Issues In New York
Estate Planning

Common Probate Issues In New York

Common Probate Issues Probate is a legal process that occurs after an individual passes away, involving the distribution of their assets according to their will,

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Estate Planning Tips in New York - Morgan Legal Group
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Estate Planning Tips:

Estate Planning Tips in New York Estate planning is a vital process for ensuring that your assets are protected, your healthcare decisions are respected, and

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Guardianship Attorney in NYC
Guardianship

Guardianship Attorney

Guardianship Attorney in NYC In New York City, the need for guardianship arises when an individual can no longer make decisions for themselves due to

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If you are not ok with the content of a will, what do you do? The best way to challenge what is in the will is by contesting it.  And as a resident of Queens how do you contest a will?Is it something you can do alone or with the help of an attorney? Read on to find out more.

What is a Will Contest?

A will contest is the act of trying to invalidate the will of a deceased individual. Contesting a will can be very challenging, thus, it is advised that you seek help from an experienced probate attorney.

Who can Contest a Will?

Any interested individual may contest a will. This individual could be the heir of the deceased, his or her devisee, child, spouse, creditor, beneficiary, or other individual having any property right in or claim against the deceased’s estate that could be affected by the probate process.

The estate executor is an individual chosen in the will to supervise the probate of the will. Mind you, a named executor who wouldn’t inherit any of the deceased’s asset doesn’t have a standing to bring a will contest.

Worthy to note is that, as soon as a will is admitted to probate by the court, while it may still be contested it is more challenging and the standing to contest it is further limited. It is often preferable for the contestant to contest the will before it is being admitted to probate. On the other hand, if you are defending a will, it is best to admit the will to probate ASAP to reduce the chances of the contestants.  

Grounds for Contesting a Will In Queens?

As I said earlier, you cannot contest a will because you dislike its terms. There are four legal reasons for a will contest in most states, and it can be challenging to prove any of them. This simply means that, you are definitely going to spend a lot of money in court and attorney fees. However, if one of these reasons for a contest is present, a last will and testament can be deemed invalid.

  • The will wasn’t signed according to the applicable state laws
  • The testator didn’t have testamentary capacity to sign the will
  • The testator signed the will under influence
  • The will was acquired by fraud

You are free to contest a will if one or more of the following reasons are present. However, ensure you contact a probate attorney for help.

Contesting a will in Queens?

If you have good reasons to believe that there was some foul play involved with the will execution itself or the circumstances surrounding the signing, the best thing to do is contact an a competent probate attorney.

A good probate attorney should be able to tell you if there is a standing to make a contest and whether legal grounds exist for a challenge.

Before you begin a will challenge or contest in Brooklyn, it is crucial you understand that although one or several grounds may exist, there might be potent conflicting proof that states otherwise. The estate executor may present medical records which indicates that the deceased was found in optimum health condition by his or her doctor, including writings such as emails showing that the will admitted for probate  indeed mirrors the deceased’s wishes.

If the last will and testament of the decedent is turned down and deemed invalid, the whole estate will be inherited by the heirs of the deceased pursuant of New York’s intestacy law. There also exist the case in which a judge will rule only if specific provisions are invalid, while leaving other to remain.

Need a Probate Attorney?

If the estate of a loved one is set for probate, you will need to contact a probate attorney for assistance. As the executor of an estate, it is your duty to handle the probate process. However, we would agree that handling a process as challenging as probate may be too much for you. So, why don’t you hire some helping hands? Our experience probate attorneys can help you and the beneficiaries of the estate overcome the probate process without any difficulties or delay.

And if you have the intention of contesting a will, our probate attorneys can offer you the advice you need to scale through the process. In addition, these professional can review you case and determine if you have good grounds to contest the will

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