Disputing a Will – Things to Know in New York State
After a loved one passes, there is a whirlwind of emotions, and some tasks may seem daunting.
One of those tasks is making sure his or her last wishes are followed. If they had a Will or a Trust, that document will govern the loved ones’ wishes.
Disputing a Will
But what if you do not think the person’s last wishes are being followed? Or what if you have knowledge or belief that your loved one’s last wishes are not being accurately reflected as their true intentions? Maybe the person in charge of administering the Estate or Trust is not doing a good job or is affirmatively doing something wrong. Or maybe no one is stepping up to take charge, and you want to do so. There are ways to address all of this and more through estate litigation.
New York State has what is called Surrogate’s Court, which governs all proceedings related to Wills, Estates, Trusts, and the assets of a deceased person.
When there is a Will, it is submitted to the Surrogate’s Court for what is called probate, and the Executor, or person named to administer the Estate, is given permission by the Court to act.
Family members are able to object to the Will, if there is evidence that the Will may have been signed under duress or due to a lack of capacity, undue influence, fraud, or lack of due execution. They can also object to the appointment of the Executor.
The Executor
The Executor of an Estate has to account for all the money in the Estate and how it is spent or disbursed. The Estate’s beneficiaries may be able to ask for what is called an Accounting to see that information in order to ensure the funds were spent correctly.
Trusts
Trusts do not go through the courts, and while they can be disputed, they are generally much harder to challenge.
If you have concerns such as those listed above, or any concerns about your loved one’s belongings and assets, you should consult with an estate litigation attorney.
Consult an Attorney
The most important thing to remember is not to sign anything related to a person’s Estate or Surrogate’s Court proceeding without first consulting an experienced estate litigation attorney who has deep knowledge in probate and estate law.
If you’re asking any of the following questions, then you should consider consulting an estate litigation attorney in New York State:
- Was the deceased person of sound mind, under the influence of medication or mentally incompetent when he or she signed the will?
- Was the Will properly signed and witnessed, in accordance with New York State Law?
- Are there multiple versions of the Will?
- Was the Will signed out of fraud, forgery, undue influence, or other manipulation?
- Is the Executor trustworthy in his/her management of the Estate?
- Are you looking to remove an untrustworthy Executor?
- Perhaps the Executor is mismanaging the funds or not acting with good intentions.
- Perhaps the Executor has not taken any action and is allowing things to remain stagnant.
Here at J&G, we have a team of attorneys and staff that handle trust and estate litigation regularly. We have successfully challenged the validity of a will, successfully defended valid Wills, assisted in removing fiduciaries who have not appropriately served in that role, and have compelled Trustees to produce Trust property that a beneficiary was entitled to. We are happy to speak with you about your specific situation and see how we can help.
This is not intended to be legal advice. You should contact an attorney for advice regarding your specific situation.
Kelly Pressler is Managing Partner and practices civil and commercial litigation. She can be reached by phone at 845-764-9656 and by email.