When a loved one passes away, their family members may become involved in bitter disputes over the estate. A qualified will dispute lawyer can help resolve these disputes and protect the rights of heirs.
A person who wants to contest a will must first have standing to do so. This means that they must be a beneficiary of the will or have been named as an heir in another way. A New York estate litigation attorney can examine the circumstances of a case and determine whether or not someone has standing to challenge a will.
Disputes can occur over any number of things, including will dispute solicitors the choice of executor, specific bequests in the will, claims by creditors and more. Typically, these disputes can be resolved through alternative methods like mediation and arbitration. However, if an inheritance dispute cannot be resolved in this manner, the courts may need to get involved. An experienced inheritance dispute lawyer can help families navigate the probate process and take legal action to resolve the matter.
Inheritance disputes often arise out of a sense of unfairness or betrayal. Perhaps a friend cared for the decedent near the end of their life, but when the will was read, the decedent left the majority of their assets to other family members instead. In these cases, a person may have grounds to file a will contest, though they must also provide proof that the decedent was not in full mental capacity when they created their will.
Other reasons to contest a will include allegations of undue influence or fraud. In these situations, the will may have been drafted by an attorney who had an ulterior motive or was otherwise dishonest. This can be challenging to prove, but a will dispute attorney can help gather evidence and present it in court.
When a will is contested, the court must follow a strict procedure to validate the document and enforce its terms. The court will review the evidence submitted and will decide if there was sufficient reason to challenge the will. If the will was contested and rejected, then the probate court must follow state law to distribute the estate.
A will dispute attorney can assist in challenging a will on the grounds of undue influence, lack of mental capacity or other grounds. They can also advise on drafting a will that is valid and legally binding, so that a person can avoid future disputes over their death.
The lawyers at Novick & Associates have extensive experience handling estate disputes and can handle probate matters throughout the New York metropolitan area. Contact us today for a consultation about your inheritance dispute with a New York will contest lawyer. We have over 20 years of experience representing clients in both contesting and defending Wills and Trusts in Surrogate’s Court. We are passionate about protecting the rights of heirs and are prepared to fight for your claim in a probate litigation lawsuit. Call or email our firm today.