Will Contest Attorneys in New York City

We are will contest attorneys in New York City. We have been contesting as well as defending wills since 2008. We consistently achieve superior results, are widely praised by our clients and are respected in the legal community. If you find yourself with questions about a will after a death in the family, we can provide the experienced guidance and litigation capabilities you need.

Few things are more painful than losing a loved one only to discover that there are issues with your inheritance. But you don’t have to do this alone. Our team of experienced New York will contest attorneys is here to offer guidance and support every step of the way.

At Goodwin Law, we have a long history of favorable outcomes. We possess a broad understanding of New York inheritance laws. Just as importantly, we bring compassion and sensitivity to this difficult area of practice as we aim to resolve the case as quickly, favorably, and painlessly as possible for you.

You can call our office in New York City today for an initial consultation, and we can discuss your rights to challenge this legally questionable will. The sooner we can initiate the contest process, the better we can position you for a successful contest settlement or trial verdict result.

To speak with an attorney right away you can call us at 212-233-1233. You can also send us an email at [email protected].

Why You May Need a Will Contest Attorney

You may find yourself in need of an attorney to contest or defend a will due to a variety of reasons. Common possible scenarios that bring distraught family members and intestate heirs through our office doors include:

Questions About Following the Required Will Execution Formalities. New York has very precise requirements governing the valid execution of a last will and testament. This includes rules around signatures, necessary witnessing by two independent parties, notarization, and more. Wills are often contested on the grounds that the instrument fails to meet one or more of these mandatory legal formalities for a binding will. If execution flaws exist, it may render the submitted will invalid in the eyes of New York probate courts. We closely expect the purported will and the circumstances of its execution for complete adherence to the governing statutes and case precedents.

Suspected Undue Influence. If undue or coercive influence overrides a testator’s intentions, it can invalidate parts of or the entire will in some cases. We are well-versed in investigating such allegations from either perspective—substantiating suspected undue influence through evidence and testimony to nullify provisions favoring the alleged influencer or mounting a defense against assertions during probate disputes.

Concerns Over Lack of Testamentary Capacity. A will executed by a testator lacking sufficient mental capacity is vulnerable to contest under New York laws. We frequently see such challenges raised and work swiftly to either assemble pertinent medical records, witness statements, and other evidence to demonstrate the testator’s state of mind; or oppose capacity-based challenges through expert analysis as appropriate. If a testator suffered from Alzheimer’s, dementia, delirium or another condition that impacted competence, our will contest attorneys will conduct a thorough investigation into their medical history. We will obtain health records, consult medical experts, and assess their condition at the time of the will’s execution

Allegations of Outright Fraud. Fraudulent activity like identity misrepresentation during will executions or instances of forgery can undermine or fully invalidate certain inheritance provisions. Our team has extensive experience working to prove and document fraud in order to contest a will’s validity. We also mount meticulous defenses by verifying a will’s authenticity for clients facing fraud accusations during the probate disputes process.

Overview of Our Will Contest Process

As seasoned New York litigators with deep expertise prosecuting and defending the validity of contested wills, here is what you can expect once we begin working together to address questions surrounding the validity of a will:

We Conduct Discovery, SCPA 1404 Examinations and Depositions

We aggressively utilize legal discovery tools to access documentation and evidence from all relevant parties associated with the contested will. This can involve extensive requests for document and digital file production, written interrogatories demanding answers to key questions, and more.

Under Section 1404 of New York’s Surrogate’s Court Procedures Act (SCPA), the objectant to the will can conduct sworn testimonies called SCPA 1404 Examinations before trial. These under-oath pre-objections depositions allow the objecting attorney to examine the drafting attorney (if there is one), as well as the supposed witnesses, to uncover information that may contradict the will’s validity.

We conduct and defend depositions of all other relevant parties associated with the contested will, such as the objectants, nominated executors, proponents, beneficiaries, and even third parties like the decedent’s healthcare or financial professionals.

Discovery efforts and targeted SCPA 1404 examinations and depositions can generate the actionable evidence and testimony excerpts we utilize to build an airtight case against a deficient will.

We Conduct a Comprehensive Case Investigation

When contesting a will, we thoroughly investigate the will itself, review pertinent medical and financial documents, interview trusted contacts familiar with the testator, and take other investigatory steps. We work quickly to establish viable grounds for contesting the will before statutory deadlines pass.

When defending a will, we make sure to conduct similar investigative diligence reviewing the drafting history, compliance evidence, as well as affidavits or documentation refuting claims of coercion or diminished capacity along with the basis of any purported undue influence or lack of competence.

We File Objections in a Timely Manner

When contesting a will, very narrow time limits apply for initiating the legal contest process. We file all necessary legal paperwork and notifications on the timeline set by the New York Surrogate’s Court Procedure Act.

We Collect Evidence and Build a Case

Strong evidence is necessary whether the will dispute settles out of court or proceeds to a full trial. We use court processes like subpoenas, depositions, demands for document production and interrogatories to methodically build a compelling case.

We are Always on the Lookout for Settlement Options

Our strategy is to prepare meticulously for trial while we also remain open to reaching an equitable settlement. When appropriate, we pursue pre-trial settlements that avoid prolonged legal conflict, saves on court costs, and brings the case to resolution much faster. If settlement talks fail, we have constructed an airtight case for trial.

Benefits of Hiring Us as Your Will Contest Attorneys

When you retain our firm to contest a will in New York, you gain instant access to two decades of combined years of will contest experience. We focus on estate litigation and disputes, so we understand the complex laws, procedures, and legal strategies that apply to getting wills overturned or changed in New York courts.

In addition to expertise, our New York City will contest lawyers possess the litigation tools and resources to vigorously pursue these often lengthy and involved cases through the court system when necessary. From initial investigations through discovery and depositions to settlement talks and courtroom appearances, we know what it takes structurally and strategically to position a case for the best resolution.

If you are considering a challenge to a Last Will and Testament in New York that appears legally deficient or patently unjust, our law firm has the focused expertise and resources to advocate on your behalf at this difficult time. Here are the top reasons you can trust our attorneys for your will or trust contest needs:

• Successful Track Record. Our long history of favorable outcomes discussed previously provides validation of our effective approach to prosecuting and defending will contest cases in New York City.
• Over Two Decades of Combined Experience. With over two decades of collectively working on estate challenges, our firm offers profound insight into New York inheritance laws and probate court litigation experience.
• Client Support. Our attentive support throughout reflects the empathy we bring to each client’s unique circumstances in this emotionally charged area of law.

Client Testimonials

Goodwin is the Way to Go

When you seek to overturn will or a defend one, we have the New York-specific will contest proficiency and strategic legal skills to give you the strongest chance at a favorable ruling or settlement. You can reach out today to learn more about your options, with our guidance in your corner during this difficult time.

Contesting or defending a will can seem like an intimidating process. However, with our will contest attorneys on the case, you do not have to shoulder this burden alone. Our decades of estate litigation experience, intricate knowledge of New York inheritance laws, strong record of favorable outcomes, and compassionate personal commitment to each case we take on makes us the right choice.

We offer attentive guidance and unwavering support each step, whether your contested case settles efficiently out of court or requires us to vigorously advocate your rights before a probate judge at trial. Take action now to protect your rights. You can call us at [email protected].