Will Contest Lawyer in New York
Challenging the validity of a will can be a complex and emotional process. At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and trusts. Our experienced attorneys are dedicated to ensuring that the true intentions of the decedent are upheld and that the rights of beneficiaries are protected.
Challenging a Will?
A will can be contested on several grounds, each with its own set of complications. The increase in blended families and second marriages has led to increasingly complex issues in the distribution of estates and spousal right of election. Retaining a highly experienced New York will contest lawyer is crucial to ensure that the decedent’s intent is properly defended.
Contesting a Will in NY
If you need to contest a will in New York, the burden of proof will be on you, and the party will challenge the validity of the will. You will need to prove at least one of the following grounds:
- Improper Execution: A will must be properly signed by the testator (the writer of the will) and properly witnessed by at least two people, who must also sign the will. A will can be contested if these signatures or the drafting of the will do not meet legal requirements or if there are ambiguities in the document.
- Lack of Mental Capacity: A will can be declared void if it can be proven that the testator was senile, delusional, or of unsound mind at the time it was written and signed. The testator must understand the extent and nature of their assets and be aware of the parties to whom the assets will be distributed.
- Undue Influence, Duress, or Fraud: A will could be deemed invalid if the testator was coerced or improperly compelled to execute it. A fraudulent will is one signed based on false statements made to the testator. These allegations require expert knowledge of the laws governing will contests.
- Discovered Second Will: If proven valid, a newer will replaces the older one. There are time limitations after which you may not be able to contest a will. Estate litigation matters must be initiated immediately, as once a will is accepted for probate, it becomes extremely difficult to contest it.
Is There a Time Frame to Contest a Will in New York State?
If a beneficiary is making a claim against an estate, they have 12 months from the date of death to contest the will. However, if the claim is based on the will being fraudulent, there is no time limit.
Reach Out to Morgan Legal Group for Help with Challenging a Will in NY
The team at Morgan Legal Group is highly experienced in litigating matters in all Surrogate Courts in the New York Metropolitan area. Our attorneys can handle any matter involving wills, trusts, and estate litigation effectively, zealously protecting the rights of heirs in all estate contests. Contact a lawyer for contesting a will today!
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, ensuring the best interests of the ward are prioritized.
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 and establish trusts that reflect their wishes and provide for their loved ones. We also assist in administrating and managing trusts to ensure they are executed properly.
Steps to Contesting a Will
Contesting a will involves several critical steps. At Morgan Legal Group, we follow a comprehensive approach to manage these cases effectively:
- Initial Consultation: We begin with a thorough consultation to understand the details of your case and the grounds for contesting the will.
- Gathering Evidence: Our team collects all necessary evidence, including documents, witness statements, and medical records, to support your claim.
- Filing a Petition: We file a petition with the appropriate court to contest the will, detailing the grounds and evidence for the request.
- Discovery Process: Both parties exchange information and evidence. This stage includes depositions, interrogatories, and requests for documents.
- Mediation and Settlement: In some cases, mediation may help resolve disputes without a trial. We negotiate on your behalf to reach a fair settlement.
- Trial Preparation: If the case goes to trial, we prepare extensively, ensuring all evidence is ready and witnesses are prepared.
- Trial: During the trial, we present your case before a judge, advocating vigorously to protect your interests.
- Post-Trial Actions: If necessary, we handle appeals or further legal actions to ensure justice is served.
Personalized Attention for Your Legal Needs
At Morgan Legal Group, our estate and trust attorneys in New York provide personalized attention to each client’s unique needs. We understand the emotional and financial toll that will contests and related disputes can take, and we are dedicated to guiding you through the process with compassion and expertise. Our commitment to personalized service ensures that we tailor our approach to your specific situation, helping you achieve 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 will contests and estate matters in New York.
Contact a New York Will Contest Attorney Today!
If you are dealing with an inheritance dispute or need assistance with any estate-related matters, contact Morgan Legal Group today. Our skilled attorneys are here to provide the expert legal representation you need to navigate the complexities of estate law and protect your interests.
