NYC Estate Litigation Attorney
Estate Litigation is the process of resolving disputes surrounding a Decedent’s affairs. A NYC estate litigation attorney can help you.
What is Estate Litigation?
Estate litigation in New York Surrogate’s Court is any (disputed) legal proceeding involving a decedent’s affairs—most commonly the probate of a Will, administration of an estate, trust-related disputes connected to the estate, and conflicts over who is entitled to inherit and what assets belong in the estate. The Surrogate’s Court has broad authority “in law and in equity” to decide matters relating to estates and the affairs of decedents and to make complete dispositions of those disputes
At times, estate litigation may center around gathering information about an estate. This is because a beneficiary or a distributee has been kept in the dark. This is also because a beneficiary or distributee has been kept out of the loop on the transactions of the estate. Estate litigation also entails fighting over the amount of money that you should receive. Many times it is because the fiduciary has improperly calculated your share. Still other times, estate litigation may involve disputes over which assets should be considered estate assets.
What are Examples of Estate Litigation and How can A NYC Estate Litigation Attorney Help You?
The following are the most common types of estate litigation matters:
Will or Trust Contest. Challenge or contest regarding the validity of a will. Grounds may be mental incompetence or incapacity of the decedent at the time the Decedent made the Will or the Trust. Other grounds could be undue influence, duress, forgery, or improper execution.
Fiduciary Removal Proceeding. Challenging the actions of the fiduciary (executor, administrator or trustee) for financial mismanagement of estate assets, financial losses to the estate or beneficiaries, or for commitment of an illegal act such as embezzlement of estate funds or the fiduciary received financial gain from estate assets. These challenges typically involve requests for the fiduciary to be removed.
Contested Accounting. Requests that the fiduciary produce financial information regarding estate assets, investments, bank statements, a challenge or defense of tax issues, investment policies, or accounting procedures in the management of an estate or trust.
Surviving spousal litigation or Right of Election Cases. Decedent intentionally omitted spouse from Will, rights of the surviving spouse to inherit under New York law, validity of prenuptial and postnuptial agreements.
Kinship proceedings. Extended family members (typically cousins) but can also be aunts or uncles trying to establish their relationship to decedent when no other close family members survive decedent to claim decedent’s assets.
Claims against the estate. Claims brought by business partners of the decedent regarding interests in a business asset owned with the decedent (occurs mostly during intestate proceedings, when decent died without a will) or claim by creditor whose claim has been denied by the fiduciary, seeking payment of the claim.
FAQs for NYC Estate Litigation Attorney
In New York, once a Will is offered for probate, you must act quickly. While the formal deadline to file “objections” is typically the return date of the citation issued by the Surrogate’s Court, it is critical to consult an estate litigation attorney immediately to ensure you do not waive your right to challenge the document.
The most successful challenges are usually based on undue influence, lack of testamentary capacity (the decedent was not of sound mind), improper execution (the Will was not signed or witnessed correctly), or fraud/forgery.
Common matters include:
Will or trust contests
Fiduciary removal proceedings (executor/administrator/trustee)
Contested accountings
Surviving spouse “right of election” disputes
Kinship proceedings
Claims against the estate (creditor/business disputes)
Yes. You can challenge a fiduciary. You can also, in appropriate cases, remove them. Examples are when there are serious concerns such as financial mismanagement, losses to the estate/beneficiaries, self-dealing, or other misconduct (including alleged embezzlement).
A contested accounting typically involves demanding and reviewing detailed financial records (bank statements, transactions, investments, expenses, and distributions) and raising objections if the numbers don’t add up or the fiduciary’s actions appear improper.
In New York, if a Surviving Spouse was left out of a Will, then that spouse may have statutory rights. These cases can involve disputes about the spouse’s share, and may also overlap with issues like the enforceability of prenuptial or postnuptial agreements
A discovery and turnover proceeding addresses disputes about whether certain property should be treated as an estate asset. If so whether it should be returned (“turned over”) to the estate.
In some situations, you can seek court involvement to compel the production of a will (or trust) when you have reason to believe such a document exists and it has not been provided to the appropriate parties.
Generally, someone with a financial interest—such as an heir-at-law or beneficiary—who would be affected by the outcome may have standing. Standing rules can be fact-specific.
An accounting is a detailed report of what came into the estate or trust. It is also an explanation of what was paid out. It also shows how assets were managed. Finally it shows what remains for distribution. If beneficiaries believe the accounting is incomplete or inaccurate, they may file objections.
What Else Does NYC Estate Litigation Entail?
Estate Litigation may also involve Discovery and Turnover Proceedings. This is when there are disputes as to whether an asset should be considered an estate asset. These disputes also center around whether it should be returned to the estate. A NYC estate litigation attorney can help recover estate assets.
Estate Litigation can also include Compelling the production of a Will or a Trust. See the video below for when to compel the production of a Will or a Trust.
View Video Transcript
A proceeding to compel a Will or a Trust is an opportunity for a beneficiary of a Trust, or a distributee or beneficiary under a Will, to get copies of the document when a person holding that Will or Trust refuses to supply it.
Often, the fiduciary does not want to provide copies of the document because they’ve stolen funds, misappropriated funds, or because they flat out just don’t want you to know what’s inside of those documents. Sometimes people say there’s a Will or a Trust, but there really isn’t, and they’re just trying to delay things.
A petition to compel is usually done by preparing a verified petition and an order directing the parties who know, or may know, who is in possession of the document to come to court to provide it. A NYC Estate Litigation Attorney like RK Law can help you compel the production of a Will or a Trust; contact us for more information
We are here to fight for your inheritance. Please Contact Us to discuss your needs and how a NYC estate litigation attorney can help you.
Expertise in New York Surrogate’s Courts
Navigate the complexities of the New York court system with a seasoned nyc estate litigation attorney. We provide aggressive representation for clients across all five boroughs and Long Island. We ensure that your interests are protected in:
New York County Surrogate’s Court (Manhattan): Handling high-stakes Will Contests, Trust Contests, and Fiduciary Disputes.
Kings County Surrogate’s Court (Brooklyn): Expert guidance with Kinship Proceedings and Contested Accountings.
Queens County Surrogate’s Court: Representing families in complex Probate Litigation and property disputes.
Bronx & Richmond County (Staten Island) Surrogate’s Courts: Local advocacy for executor removal and elective share claims.
Nassau & Suffolk County Surrogate’s Courts: Comprehensive litigation services for Long Island estates.
Note: Each Surrogate’s Court has its own local rules and nuances. Having a NYC estate litigation attorney who regularly practices in these specific courtrooms can be the difference in the efficiency and outcome of your case.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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