Inheritance Lawyers Helping Clients in Will Disputes and Estate Litigation in Astoria, NY
Basically, everyone in and around New York City has an estate of some kind, but very few take the necessary legal steps to safeguard their assets and make things easier for their beneficiaries. Because, try as we might not to think about it, every last one of us is going to pass away someday, and what remains of our estate will need to be distributed to those who survive us. Without a proper estate plan in place, such as a will and/or trust, there can be no guarantee that our assets and property will go to our intended beneficiaries. What’s more, the assets will land in probate court, where legal officials and state laws will determine who receives what.
But even in cases where there is a will in place, there may be circumstances where one or more prospective beneficiaries seek to challenge a will. Even if their reasons to contest a will are valid and legitimate, these matters of family, death, and law are often fraught with tension and heartache. Without a delicate hand, these matters can create lasting schisms between family members.
If you are looking to contest a will or you are hoping to avoid further legal battles relating to the fight over a decedent’s estate, it is extremely important that you hire a lawyer who has the experience necessary to help you through this difficult process.
The attorneys of Ortiz & Ortiz, LLP, have decades of experience representing clients in legal matters relating to wills, trusts, probate, and other estate matters. If you are involved in a will dispute or estate litigation in Astoria, NY, please contact our law firm to schedule a consultation to discuss your case.
Under What Grounds Can an Interested Party Contest a Will in New York?
Even a will that was drafted with the help of a seasoned attorney may have issues with it that could lead an interested party to contest it in court.
Five Common Reasons to Contest a Will:
- Fraud: One example of a fraudulent will is when a will does not represent the wishes of the testator, such as instances where the will was in fact authored by another person altogether. Another example would be if the testator did not know they were signing their will.
- Improper Execution: There are required legal steps that must be taken to make a valid will in the state of New York. An invalid will, such as one that was not signed in the company of witnesses, may not hold up in a court of law.
- Lack of Testamentary Capacity: To write or update a will, the testator must be able to understand the document they are signing. If they lacked the mental capacity to understand their will, an interested party could contest the document.
- Revocation: The testator may revoke their will at any time during their lives, either replacing it with a new will or leaving no will at all.
- Undue Influence: If an interested party can show that another individual or group used undue influence to impact the creation of a will, then the document may be considered invalid.
Are You Looking to Defend a Will in Astoria?
If you are a beneficiary or the executor of the decedent’s estate, you may wish to defend the validity of the will from someone who is seeking to contest it. In such a case, it is wise to consider hiring legal counsel.
The inheritance lawyers of Ortiz & Ortiz can assist you with disputing challenges, finding necessary legal documents, attending Surrogate’s Court hearings, and other matters that could help in proving the validity of a will.
Are You Looking to Challenge a Will?
If you are hoping to contest a will in New York, you should hire a lawyer to represent your interests. Perhaps you believe that the will is fraudulent in nature or maybe you simply believe that you rightly deserved better inheritance. Maybe you are a creditor or lender who is seeking only to recover finances that are owed. Or maybe you believe you were wrongly disinherited from a recent will. Whatever the case may be, these matters can be difficult to resolve without the assistance of a legal professional with experience in probate and Surrogate Courts.
If you would like to learn more about your legal options for contesting a will in Astoria, please contact the law offices of Ortiz & Ortiz, LLP. Our legal team has years of experience helping clients through similarly difficult circumstances, and we would be proud to provide you with our services.
Contact the Inheritance Attorneys of Ortiz & Ortiz, LLP
Estate litigation and will dispute are among the more challenging cases to resolve in an American court of law, if for no other reason than the family tensions and high emotions at play. While it may be possible to resolve matters on your own, it is strongly recommended to seek legal representation from a professional with experience handling cases such as yours. With the help of an attorney, the intended goal is that you may come to a more satisfactory outcome for all parties involved, hopefully limiting hurt feelings and keeping relationships more or less intact.
The lawyers of Ortiz & Ortiz have served clients in and around Astoria, NY, for decades, helping them through legal matters relating to inheritance disagreements, probate court proceedings, and various types of estate litigation. To speak with an attorney about your case, please contact our law firm at 916-796-1858.