Newburgh Estate Litigation Attorneys
When a person dies with a Last Will and Testament, it is typically necessary to probate the will before estate assets can be distributed. Most of the time, the probate and estate administration process goes smoothly, but in some instances, there might be a valid reason to challenge a will or the need to defend against such a challenge.
Will Contest Litigation Attorneys Serving New York
At Catania, Mahon, Milligram & Rider, PLLC, our New York lawyers have significant experience with will contest disputes. We have helped many clients raise a challenge or defend against allegations that a will is invalid. We are aggressive in protecting the rights of our clients and work hard to obtain the best possible outcome.
You are invited to schedule an initial consultation to discuss your need at our offices in Newburgh or Fishkill. You may call our estate litigation firm at 845-764-4273 (toll free at 888-719-4746) or you may contact us online.
We look forward to helping you quickly and cost-efficiently resolve your dispute.
Who May Challenge a Will?
Only a person with an interest in the will, or a person with "standing," may challenge a will's validity. This includes people:
- who stood to inherit in a prior will, but who were not included in the will being offered to probate
- who, by New York law, would inherit in absence of a will (i.e., if the deceased died "intestate")
Grounds to Contest a Will
In addition to standing, a person must have valid grounds upon which to challenge a will. For example:
- A will must be executed in accordance with state law.
- The testator (i.e., the person creating the will) must have sufficient mental capacity to understand his or her testamentary scheme at the time of execution.
- The will must not be the product of fraud or coercion.
It is important to have the advice of an experienced estate litigation lawyer on your side when deciding whether to contest a will or defense a will contest.
Contact a New York Estate Litigation Attorney
Please schedule a consultation today by calling 845-764-4273 (toll free at 888-719-4746) or by contacting our New York law office online.