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Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

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Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

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The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

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Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

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Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

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Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

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Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

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Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

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Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

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Estate Planning Guide 2025
Estate Planning

Estate Planning Guide 2025

Estate Planning Guide 2025: A Comprehensive Resource for New York Residents As we approach 2025, the need for a solid and comprehensive estate plan becomes

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Your Guide to Contested Wills in New York

Contesting a will in New York is a complex process influenced by specific state laws and procedures. Whether you’re an heir feeling shortchanged or an executor facing a dispute, understanding the nuances of will contests is crucial. Morgan Legal Group offers this guide to help you navigate these challenging waters effectively.

Understanding Will Contests

A will contest is a formal objection raised against the validity of a will based on various concerns, such as the decedent’s testamentary capacity or the influence of fraud or undue influence. This section will define a will contest and explain under what circumstances one might occur in New York.

Grounds for Contesting a Will in New York

Specific legal grounds must be established to challenge a will effectively. We’ll explore common reasons for contesting a will, including lack of testamentary capacity, undue influence, fraud, and improper execution, and how these apply under New York law.

The Process of Contesting a Will

The procedure for contesting a will in New York involves several steps, starting with filing a caveat with the surrogate’s court and then moving into litigation. Detailed insights into each process phase will be provided, highlighting what challengers and executors can expect.

Legal Documentation and Evidence Required

Successful will contests depend on substantial evidence. This section will discuss the types of documentation and evidence needed to support a claim, such as medical records, witness testimonies, and expert affidavits.

Role of the Executor in a Will Contest

The executor of a will plays a critical role during a contest. Responsibilities include defending the will’s validity, managing the estate’s assets during the dispute, and communicating with all parties involved. Guidance on how executors should handle these duties will be outlined.

Strategies to Prevent Will Contests

Preventing a will contest is preferable to dealing with one. We’ll offer strategies to help ensure a will is as contest-proof as possible, such as clear communication, no-contest clauses, and the importance of having a well-drafted will.

How Morgan Legal Group Can Assist

Legal expertise is vital in will contests. Morgan Legal Group’s approach combines a thorough understanding of New York estate law with strategic litigation experience to support clients through will contests, whether they aim to challenge or defend a will.

Conclusion: Navigating Will Contests with Expert Support

Contesting a will in New York can be a daunting prospect, but with the right preparation and legal support, you can navigate this process with confidence. Understanding your rights and the legal landscape is crucial, and Morgan Legal Group is here to provide the expertise needed to protect your interests.

Will contests are widespread and frequently talked about, but rarely understood. Most people know that will contests can be a powerful method of ensuring the deceased’s wishes are truly preserved and honored. Many have also heard stories of malevolent heirs fraudulently contesting wills for their own benefit. The grounds for contestation and how to contest a will are less frequently known. There may come a day when you must seriously consider contesting a will, which is why you owe it to yourself to learn all about it. Read on to illuminate the mysteries behind will contests.

Grounds for Contesting a Will

When a will is contested, the Surrogate’s Court tends to look at three different areas in order to make a decision. Those areas are called due execution, testamentary capacity, and undue influence. When looking at due execution, the Surrogate’s Court examines whether or not the executor of the estate has been acting in accordance with the will. Issues of testamentary capacity ask whether the mental acuity of the deceased at the time they wrote the will was sufficient. Finally, undue influence is the question of whether or not the will was written under coercion. So, if you have reason to believe that the executor of the estate is messing up or the departed wrote the will while sick or threatened, you may have grounds to contest the will.

How to Contest a Will

Assuming that you do have valid grounds to contest a will, your next step is to get in touch with your attorney and start compiling evidence. As the one contesting a will, the burden of proof is on you, so the more evidence you can compile, the better. Of course, your odds of success can increase greatly if you team up with an excellent attorney who has years of experience with probate and all parts of estate planning. At Morgan Legal Group, we have earned a reputation as one of the best law offices in New York. No matter what estate planning services you’re considering, we’re here to help you.

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