When you anticipate inheriting a certain amount or certain assets when a New York loved one dies, you may be in for an unpleasant surprise if things do not play out as you expected. You may not challenge a will simply because you disagree with how its author chose to...
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3 signs of potential undue influence in your father’s will
If your father died with a will in place, he had done more estate planning than most. In fact, according to a recent study, roughly 66% of those over the age of 55 have not drafted even basic will. Reading through your dad's will, of course, probably tells you exactly...
Fiduciary duties and estate litigation
Whether you are battling negative emotions because the executor of your loved one's estate failed to respect your rights as a beneficiary or you face allegations of wrongdoing as someone in charge of an estate, it is very important to take a careful look at your...
Accounting disputes: What you should know
It is never easy to lose a close friend or loved one. While emotions may run high in these situations, there are still a number of estate matters that must be resolved. Whether the deceased left behind a last will and testament or left their property and assets in a...
Actions that can expedite a will contest
The thought of contesting a will can be both overwhelming and exhausting. People in New York who understand how to approach this setback may not only optimize their effort but save resources along the way. Because there is more than one reason to contest a will,...
How can I contest a will for undue influence?
There are several grounds upon which you may contest a will. Before you decide, you need to ensure that whatever grounds you choose matches up with your evidence. You must prove to the court that the circumstances you claim were present. If you choose to contest on...
3 ways a special needs trustee may breach fiduciary duties
If you have a disabled relative, you may choose to establish a special needs trust. This type of trust provides disbursements for the benefit of your loved one without harming his or her eligibility for needs-based government programs. When you form a special needs...
Five common reasons for estate litigation
The loss of a loved one affects the entire family, sometimes leaving them adrift. Not only do they mourn the loss of a parent, spouse or sibling, but it can also lead to heightened emotions that impact interactions with surviving family members. Ideally, this is an...
Can you contest a per stirpes estate distribution?
As a grandchild of the decedent, you may become a beneficiary in your grandparent’s will if your parents are deceased. However, estate distribution at this level is complex and can be challenging to understand. What is per stirpes distribution? What if another family...