COVID-19 Notice: In order to best serve you while doing our part to maximize health and safety, we continue to be available for telephone and Zoom video conferences, and documents can be prepared, reviewed, signed, and exchanged electronically. Call 646-561-9099 for your legal needs!


For Estate Planning, Estate Administration And Disputes

Seemingly unfair distributions may lead to probate litigation

On Behalf of | Jan 21, 2019 | Probate |

Though most New York residents love their family members a great deal, it can often be difficult to show that love in a manner that everyone feels is equal or at least fair. This type of scenario can become especially prominent after a parent or other close loved one dies. The person may have distributed assets in a manner he or she felt appropriate, but the surviving family may have issues with the distribution that could lead to probate litigation.

Various scenarios could lead to this outcome. For instance, a parent may think that because one child showed more interested in a particular asset while the parent was alive, that child should have it after the parent passes away. However, another child may have actually had a deep attachment to the piece of property but never showed it outwardly. If a discussion about the asset does not take place, a family fight could ensue later on.

Additionally, a parent may have one child who has garnered a considerable amount of success and wealth throughout his or her life. As a result, that parent may feel that the less successful children should be entitled to more or all of the remaining estate. However, the successful child may feel that he or she was unjustly disinherited, and conflict could result.

Though no parent wants his or her children to fight over the remaining property, it is a scenario that happens often. If individuals believe that they have reason to move forward with probate litigation in New York due to unfair distribution or because of other concerns, they may want to gain more information on their legal options. Working with experienced attorneys could help them make sure their concerns are properly addressed.