New York Will Challenge Attorney
A New York Probate Attorney Explains Will Challenges
Unfortunately, when someone passes away, a Will Challenge is not uncommon. Often the extreme emotional pain in losing a loved one can bring out the worst in people, and set family member against family member in an Inheritance Dispute. A Will Challenge takes place when a family member seeks to have a will overturned in court, contending that one or several elements are present which renders the will unenforceable. If you are involved in a Will Challenge, or are contending with an Estate Probate matter, it is important to seek legal guidance as soon as possible to ensure that your interests are protected. Contact a skilled New York Probate Attorney from Stephen Bilkis & Associates, PLLC for advice.
If a family member brings a Will Challenge action, it is often for the following reasons:
Forgery: It could be argued that the decedent’s signature on the will was forged. This can be because the signature was copied from another document, or the pages have been changed or manipulated in some way.
Undue Influence: A family member could contend that the decedent was influenced by others who may have pressured the decedent to name them as a beneficiary or make changes to the will that benefit them.
Mental Incapacity: In the case of mental incapacity, a will can be held invalid if it is proven that the decedent was not mentally capable of making a will. The decedent could have suffered from Alzheimer’s disease or dementia for instance. Loss of mental capacity could also be argued if the decedent was under the influence of drugs or alcohol.
Improper Execution: Every state has their own laws regarding the execution of a will. New York has particular formalities that must be adhered to in order for the will to be valid. Often there are problems found with lack of proper witnessing of a will
Any or all of the Above: Often if one error is found in the will, more problems can be argued.
If you are involved in a Will Challenge, it is vitally important to seek skilled legal counsel to protect your rights. Speak with a New York Probate Attorney from Stephen Bilkis & Associates, PLLC. We will provide you with valuable legal guidance and a free consultation with your first visit. We have offices to serve you throughout New York City, including office locations in the Bronx, Queens, Manhattan, Staten Island, and Brooklyn. We also have offices in both Nassau County and Suffolk County on Long Island, and serve Westchester County as well. Call us today at 1.800.NY.NY.LAW.