Will Contest Lawyer in New York: Challenging Invalid Wills and Protecting Your Inheritance
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. We help and are by your side with care. Our experienced attorneys are committed to ensuring that the decedent’s true intentions are upheld and that the rights of beneficiaries are protected.
Challenging a Will? Understand Your Rights
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 rights of election. This has become more and more common. The changing dynamics of the family can complicate these issues.
Retaining a highly experienced New York will contest lawyer is crucial to ensure that the decedent’s intent is defended correctly. Contact a lawyer for action!
Contesting a Will in NY: Grounds for Challenge
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.
These reasons are what it takes to have a success. Without the proper steps, the process may not reach it’s peak. You need to provide proof for what you are seeking.
Time Limitations for Contesting a Will
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. You need to make sure that you are taking immediate action when the time limit is nearing. Consult with a professional to be properly informed. Do not delay in finding this all out, to make the process successful.
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. It is also good to note that the sooner you take action, you will get to see your life and the estate properly sorted. Take all actions to be proactive.
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 effectively and zealously handle any matter involving wills, trusts, and estate litigation, protecting the rights of heirs in all estate contests. We protect and value what we do! Contact a lawyer to contest 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
- Probate
- Guardianship
- Elder Law
- Wills and Trusts
- Estate Planning
- Trust and Estate Litigation
- Estate Litigation
Our legal expertise and dedication set us apart in New York’s estate litigation field. Each component has its own set of helpful tips and guidance that are there to assist in your estate!
Steps to Contesting a Will
Contesting a will involves several critical steps. At Morgan Legal Group, we follow a comprehensive approach to handle these cases effectively. You must be aware of what is going on in order to succeed and feel secure about this situation that you may be going through. We are there for you.
Key steps for each case include:
- Take note of your first meeting.
- Gather the information you need in order to meet the legal requirements.
- File the documents to show the court.
- Get more information.
- Find all areas that have any disputes.
- The trial and you, being prepared for what’s to come!
An attorney can help you take action. With this support, you will be able to know each step and feel more comfortable with it.
Personalized Attention for Your Legal Needs
At Morgan Legal Group, our New York estate litigators give clients the time and attention they deserve. We understand the emotional and financial toll these matters can take. That’s why it’s our mission to help guide each and every client.
It is also the main goal in order to bring you and your family peace. If that can not be achieved what other help can you ask for and what will their next best steps entail.
Our goal for each and everyone:
- You and your loved ones needs at every step
- You are taken care of in all situations.
We want to make sure your journey is safe. You are in good and well guarded hands with our ethical standards.
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. This is also a strong goal. This comes from experience and being the right person to have. Contact us today!
Morgan Legal Group proudly serves the New York City community, including the Bronx, Brooklyn, NYC, Queens, and Staten Island. If you are outside of New York City, we also serve Long Island, including Suffolk County. As well as Westchester, Ulster County, and Orange County.NY Courts
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