This law firm takes pride in its record of success in estate litigation. If you feel that you are not getting a fair share of the estate, let our law firm handle the negotiations and proceedings, for a peace of mind that comes with knowing that your case is being handled by an experienced New York estate attorney.
The following are just a few ways in which our attorneys can excel on your behalf:
- Fighting Will Contests – The validity of a will can be disputed on many bases. Allegations of incapacity, coercion, and fraud are common. Accusations of forgery or improper execution are also brought to challenge a will. Some may claim that a later will is discovered. Our attorneys will fight to prove that you should win the will contest.
- Resolving Distribution Disagreements – With the proper direction, many distribution disagreements can be resolved without court intervention. This includes disagreements over sell vs. keep, valuation, who gets what, and items with intangible value. However, in many cases no agreement is possible. This is where our attorneys strive to obtain the best possible distribution for our client.
- Addressing the Way the Estate is Handled – Estate beneficiaries are sometimes dissatisfied with the way the estate is handled by an administrator, executor, trustee, or their attorneys. Fiduciaries may bring an accounting proceeding to get a formal report on how the estate is being handled and impose sanctions if the estate is being handled improperly. Some accountings are contested. In the most egregious cases, such as where self-dealing is suspected or incompetence is shown, beneficiaries may seek fiduciary removal.
- Resolving Unclear Directions – Unclear instructions are common in wills, trusts, and other disposition documents. Whether the ambiguities work out to your advantage or disadvantage, this law firm will make every effort to have the documents interpreted in your favor.
- Litigating Spousal Claims – If the decedent died without a will (intestate), a spouse usually has the right to fifty thousand dollars and one-half of the residue of the estate. Even if there is a will disinheriting the spouse, a spouse can usually still override the will by claiming the "New York elective share." The elective share consists of the greater of fifty thousand dollars or one-third of the estate if the couple has children, or up to one-half of the estate if the couple has no children.
- Conducting Kinship Determinations – When a relationship to the deceased is in question, a kinship proceedings arises. In kinship proceedings, we may litigate over situations involving the need to look back multiple generations or unravel vague circumstances.
If you are involved in one or more of the scenarios listed above or in other type estate litigation, this law firm can help you put the proceeding on the winning track. Call us at (212) 233-1233 or (718) 509-9774 and get a hold of a New York estate attorney who will fight for your fair share of the estate.
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