New York Disputing Will Documents Lawyer
A New York Probate Attorney Discusses Disputing Will Documents
A New York Probate Attorney can explain that Disputing Will documents is not an uncommon activity. Once a loved one passes away and the will is submitted to probate, family members may come forward and take exception to the contents of the will, the administration of the estate, or argue that the entire will is invalid because of various factors that will be discussed below. If you are involved in an Inheritance Dispute, or a family member is Disputing Will documentation, it is important to ensure that your interests are protected. Speak with a New York Probate Attorney from our team today for guidance.
If you have been served with a probate citation, you have been put on notice that a friend or family’s will has been admitted into probate. This document will tell you who the decedent is, and will notify you of a hearing date to appear in court if you want to contest the will. A New York Probate Attorney can explain that Disputing Will documents require knowledge of probate law, which is complex. It is important to ensure your rights are protected and consult with a lawyer as early on in the process as possible.
A will can be contested for many reasons, some of which include:
Lack of Mental Capacity: In order for a valid will to be created, the party must have the mental capacity to fully appreciate and understand the document they are creating. A will dispute is often seen where it can be argued that the testator is suffering dementia, Alzheimer’s disease, or other mental disorder.
Undue Influence: Undue influence can be argued where the testator was under some type of coercion when creating or signing their will.
New York state law sets out very specific laws that govern the proper execution of a will. Disputing will documents is common when a disgruntled family member argues that the will is invalid due to improper execution. In New York, the will must be signed by two witnesses, and the signature must be at the end of the document.
Existence of a Prior Will
Sometimes during the probate process, it will be determined that a prior will existed. It will be the job of your New York Probate Attorney to investigate the matter to determine if the decedent located a later will.
Disputing Will documents can be complicated and stressful. It is important to speak with a New York Probate Attorney from Stephen Bilkis & Associates, PLLC for advice and guidance. We will provide you with a free consultation, and answer the many questions you likely have. We have offices to serve you throughout New York City, including the Bronx, Brooklyn, Queens, Manhattan and Staten Island. We also have locations in Nassau County and Suffolk County on Long Island, and serve Westchester County as well. Call us today to schedule your free consultation at 1.800.NY.NY.LAW.