Probate Litigation in Long Island, NY

Having a Problem With a Probate Case?

Are you having a problem with an estate? When litigation ensues in regards to an estate, it usually arises from one of two sources. It may be a challenge to an estate planning document such as a will or trust, or it may have to do with the administration of an estate such as whether the executor is acting responsibly in regards to the execution of his or her duties.

Challenges to an estate plan frequently occur when children or spouses are not treated equally as beneficiaries, and this is especially the case when someone is not treated fairly as compared to the other beneficiaries. At times an executor will breach their fiduciary duty in one or more ways which in turn causes harm to the estate. In such cases the beneficiaries may bring the matter before the court and pursue legal remedies available under the law, which may include having the executor removed from their position as an executor or finding the executor legally liable for any harm done to the estate.

Lack of capacity is a common complaint. In such cases a beneficiary may argue that the testator lacked the mental capacity to create a will in the first place. For example, if someone was on their deathbed and on heavy medications while asked to sign a will document, the testator may have not even been aware of what they were signing. Another common reason for "contesting a will" falls under the umbrella term of "undue influence," which can include fraud or duress. In simple terms, undue influence means the substitution of another person's will for that of the testator or trustmaker.

Not all probate litigation can be avoided or is bad. There are times where it's necessary to protect an innocent person who has been wronged. If you need assistance with a probate dispute, contact Adler Law for professional representation you can trust!