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Unmet Expectations Often Cause Disputes

The New York Surrogate’s Court handles all matters relating to probate litigation. If your loved one recently died and you feel like you should have been named a beneficiary of the will and were not, you may be able to challenge your family member’s will in court.

Probate litigation may commence following the lodging of a will in Surrogate’s Court. You can disagree to just about anything involving the probate process from the appointment of the executor to the issuance of letters of administration to the contents of the will itself.

Litigation May Be A More Direct Route To Resolving Conflicts

Upon receiving notice of probate commencing, it is best to attempt amicable negotiation to settle your dispute. However, family grief following the death of a loved one can stir up long-repressed resentment and make it difficult to negotiate. Litigation is sometimes a more direct route to resolving the conflict.

A decedent’s will can be challenged for:

  • Undue influence
  • Undue duress
  • Coercion
  • Mental competency
  • Fraud

For example, suppose your family member’s health care provider or lawyer suddenly appears to be the sole beneficiaries of their bounty. In that case, the court may rule in family members’ favor because of undue influence by professionals. Unknown heirs have also been known to suddenly appear, causing significant disruptions in a family’s expectations.

Entrust The Resolution Of Your Dispute To An Experienced Probate Litigator

Attorney William A. Simon may have seen it all in the four decades of serving individuals and families in New York, but he does not rest on his laurels. You can be confident he will protect your best interests in a probate dispute. You have a limited window of time to content a will in New York. Send an email or call the law firm of McGarry & Simon at 212-235-1898 to schedule an appointment.