New York Will Contest Lawyer

A will contest is a legal process in which someone challenges the validity of a will. In New York, a will contest can be filed by anyone who has an interest in the estate of the deceased person. This may include heirs, beneficiaries, or other interested parties. There are several grounds on which a will can be challenged in New York. These include lack of capacity, undue influence, fraud, or forgery. A will contest can be complex and emotionally charged, and it is important to seek the guidance of an experienced New York will contest lawyer at Stephen Bilkis & Associates.

Grounds for Challenging a Will

Here is an overview of the grounds on which a will can be challenged in New York:

• Lack of capacity: To make a valid will in New York, the testator (the person making the will) must have the mental capacity to understand the nature of their property and the consequences of making a will. If someone challenges the validity of a will on the grounds of lack of capacity, they must prove that the testator did not have the necessary mental capacity at the time the will was executed.
• Undue influence: If someone challenges the validity of a will on the grounds of undue influence, they must prove that the testator was coerced or manipulated into making the will. Undue influence may involve a caregiver, family member, or other individual who used their position of power to influence the testator's decisions. Undue influence can be difficult to prove. If you feel that the will of a loved one was subject to undue influence, discuss the matter with an experienced New York will contest lawyer.
• Fraud: If someone challenges the validity of a will on the grounds of fraud, they must prove that the testator was deceived or misled into making the will. This may involve a misrepresentation of facts, such as the value of the testator's assets or the identity of the beneficiaries.
• Forgery: If someone challenges the validity of a will on the grounds of forgery, they must prove that the will was not executed by the testator or that the testator's signature was forged.

Process for Contesting a Will in New York

If someone wishes to challenge the validity of a will, they must file a petition with the New York Surrogate's Court. The Surrogate's Court is a specialized court that handles probate and estate matters. The court will schedule a hearing to determine the validity of the will.

If the Surrogate's Court finds that the will is invalid, the court may set it aside and distribute the deceased person's assets according to New York intestacy law. Intestacy law is a set of default rules that determine how a person's assets will be distributed if they die without a valid will.

It is important to note that challenging the validity of a will can be a lengthy and expensive process. In addition, a will contest can be emotionally charged, especially if family members are involved. For these reasons, it is important to seek the guidance of an experienced will contest attorney in New York.

Notable New York Will Contest Cases

• Matter of Estate of Reid, 69 N.Y.2d 178 (1987). In this case, the New York Surrogate's Court was asked to determine the validity of a will that had been executed by a wealthy businessman. The businessman's daughter claimed that the will was invalid because her father had been unduly influenced by his second wife. The court ultimately sided with the daughter, finding that the second wife had exerted undue influence over the businessman and that the will was therefore invalid.
• Matter of Estate of Kovich, 57 A.D.3d 139 (2d Dep't 2008). In this case, the New York Surrogate's Court was asked to determine the validity of a will that had been executed by a deceased woman. The woman's son claimed that the will was invalid because his mother had lacked the mental capacity to make a will at the time it was executed. The court ultimately found that the woman had lacked the mental capacity to make a will, and that the will was therefore invalid.
• Matter of Estate of Cummings, 48 Misc. 3d 1217(A) (Sur. Ct. Nassau Co. 2015). In this case, the New York Surrogate's Court was asked to determine the validity of a will that had been executed by a deceased man. The man's son claimed that the will was invalid because his father had been subjected to undue influence by his sister. The court ultimately found that the man had been subjected to undue influence, and that the will was therefore invalid.

Contact Stephen Bilkis & Associates

A skilled will contest attorney serving New York can provide strong advocacy in court, presenting evidence and legal arguments that support their client's case. They can also cross-examine witnesses and challenge opposing counsel's evidence to ensure that the court makes an informed decision. Contact us 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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