New York Inheritance Disputes Lawyer

A New York inheritance dispute is a legal conflict that arises between heirs and beneficiaries of a deceased person's estate over the distribution of assets and property. Such disputes can arise for a variety of reasons, including disagreements over the validity of a will or trust, accusations of undue influence, or disputes over the interpretation of the deceased person's wishes. When a person passes away, their estate typically goes through a probate process, during which a court oversees the distribution of assets to heirs and beneficiaries. In some cases, disputes can arise during this process, leading to litigation and court intervention. Inheritance disputes can be emotionally charged and complex. If you are involved in an inheritance dispute, contact an experienced New York inheritance disputes lawyer at Stephen Bilkis & Associates who will approach your case with sensitivity and discretion.

Common Types of Inheritance Disputes

• Will Contests. One common type of inheritance dispute involves will contest. In New York, a will contest can be filed if there are concerns about the validity of a will. The petitioner may argue that the will was not properly executed or that the deceased was unduly influenced or lacked capacity at the time the will was signed. The Matter of Goldberg, 153 Misc. 2d 560 (N.Y. Surr. Ct. 1992) was a contentious case between the decedent's widow and his sister, who serves as the executrix, the dispute revolves around the decedent's mental capacity, specifically regarding the revocation of an antenuptial agreement. The unique aspect is the challenge to the decedent's capacity to release his wife from the agreement rather than the capacity to make a will. The decedent, Albert Goldberg, suffered a stroke and, while at a rehabilitation institute, executed a revocation agreement with the assistance of an attorney. The court, considering the bilateral nature of the transaction, applies a higher standard of mental capacity akin to the contract standard. The court ultimately finds that the decedent had the requisite understanding for the revocation, rejecting claims of incapacity and undue influence by the estate.
• Distribution of Assets Disputes. Another type of inheritance dispute involves the distribution of assets. In New York, if a person dies without a valid will, their assets will be distributed according to New York’s intestacy law. This can lead to disputes among family members who may disagree over who should receive what. To learn more about how assets are distributed in the absence of a will, contact an experienced New York inheritance disputes lawyer.
• Trust Disputes. Trust disputes are another common type of inheritance dispute in New York. A trust dispute can arise when a beneficiary believes that a trustee is mismanaging or misusing the trust's assets. The beneficiary may seek to have the trustee removed or to have the trust reformed to better reflect the deceased's wishes.
• Estate Administration Disputes. These disputes can arise when family members disagree over how an estate is being administered or believe that the executor is not fulfilling their duties. In some cases, the executor may be removed, and a new executor may be appointed.

The cases mentioned demonstrate the importance of having a well-crafted estate plan and ensuring that all legal requirements are met. It also highlights the importance of having an experienced inheritance disputes attorney in New York who can help families navigate the complex legal issues that can arise during inheritance disputes.

Contact Stephen Bilkis & Associates

Inheritance disputes can be complex and emotionally charged, but with the right legal counsel, it is possible to navigate the process and protect your interests. By creating a clear and comprehensive estate plan, updating it regularly, and working with an experienced inheritance disputes attorney serving New York. Contact Stephen Bilkis & Associates at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.

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