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.
At times, estate litigation may center around gathering information about an estate because a beneficiary or a distributee has been kept in the dark or out of the loop on the transactions of the estate. At other times, estate litigation entails fighting over the amount of money that you should receive 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, 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 involved 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.
Estate Litigation may also involve Discovery and Turnover Proceeding, for when there are disputes as to whether an asset should be considered an estate asset and whether it should be returned to the estate.
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.
Each of these topics is discussed in greater detail in the pages that follow. My goal is to fight for your share.
We are here to fight for your inheritance. Please Contact Us to discuss your needs.
This page is made available by the lawyer for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this site you understand that there is no attorney client relationship between you and the lawyer. The post should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. ATTORNEY ADVERTISING.