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For Estate Planning, Estate Administration And Disputes

Probate litigation moves to Supreme Court over inheritance fight

On Behalf of | Feb 4, 2019 | Probate |

People in New York and across the country often think that they should receive some type of inheritance from a deceased loved one’s estate. In many cases, family members or other close parties are entitled to assets, but in others, certain documents may indicate that a family member no longer has a claim to certain assets. However, the situation may not end there, and probate litigation could begin in efforts to obtain those assets.

It was recently reported that a man in another state is taking his inheritance dispute case to the Supreme Court after his case did not prove successful at lower court levels. Apparently, his issue revolves around the fact that the man believes he should have inherited certain real estate from his late mother’s estate, but the property instead went to his ex-wife. A transfer-on-death deed had been created that indicated that the ex-wife should obtain the property.

The man does not believe that the transfer deed is valid because it was not signed by his mother. However, it was reportedly signed by his ex-wife at the request of his mother before her passing. Though the lower courts considered the document valid, the Supreme Court will determine whether the transfer deed complied with the applicable laws and consider other aspects of the case.

It may be immensely disheartening when a loved one disinherits a family member, and in many cases, individuals have a valid reason to challenge this type of scenario. As this man’s case shows, the process can be long and difficult, but probate litigation may help make sure that the correct outcomes in terms of the law are reached. New York residents facing similar issues may wish to speak with experienced attorneys about their legal options.