Probate Disputes

When a person passes away, people expect one clear document to direct how the executor will distribute the estate. That situation becomes more complex when several versions of a will appear during probate, since each one may reflect different choices made at different...

Maybe a late relative or close friend chose you as executor of their estate or you were appointed as administrator by the court. If you have no legal or banking background, the list of tasks you’re responsible for carrying out can quickly grow challenging. Below is...

When someone creates a will, it must genuinely reflect their wishes. If another person improperly swayed the will-maker's decisions, a court may deem the will invalid. This protects a deceased person's true intent and ensures their assets pass as they intended, not as...

Serving as the personal representative of an estate can be a thankless job. While they do receive a small amount of compensation for their services, the personal representative might dedicate many hours of their time to estate administration. They have to accept...

In probate litigation, a claim for undue influence occurs when someone accuses another person of pressuring or manipulating the decedent into changing their will or estate plan. The person contesting the will argues that the decedent didn’t make decisions freely, but...

Probate can stir up strong emotions, especially when it involves money or property. Disagreements often lead to court battles that delay the process and increase stress for everyone. Knowing the common issues helps you prepare for what might come. Will contests One of...

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...