Successfully contesting a will during probate often hinges on proving that the testator (the person who made the will) lacked "testamentary capacity" at the time of its execution. This means the testator must have understood the nature and extent of their property,...
When someone dies, it unleashes a flood of emotions. Besides the sadness of losing a dear soul, there is the matter of the will, which some may question. Contesting a will in New York requires specific justifications. Only when one or more of these reasons is present...
If what happens to your assets after you pass away is important to you, then making a will is a key step in planning for the future. However, simply having a will is not enough; it must be properly signed and witnessed to be legally valid. Failure to adhere to these...
Being the executor of an estate in New York is a difficult job. While much of the work is unpleasant, rarely does anyone sue the executor. Yet, a lawsuit can occur if the executor fails in specific duties. When can this happen? How executors open themselves to...
Contesting a will is a legal process through which a person challenges the validity of a will. This can happen when a person believes that the will does not accurately reflect the wishes of the deceased person or that the will was not executed in accordance with the...
It can be difficult enough to grieve the death of a loved one, so a surprise during the probate process during an already emotional time can be especially difficult to handle. However, challenging the validity of someone's last will and testament is not an action to...
