Long Island Contested Will Lawyers
Contesting a Will in New York
As any experienced estate attorney in New York can tell you, every contested will poses unique challenges and unexpected obstacles. There are a wide variety of valid reasons a will can be contested and depending on the family, the will in question could be facing more than one reason. Perhaps a family member or loved one suspects the deceased was coerced into granting certain parties significant benefits which they were not entitled? Maybe the decedent was not in good physical, mental or emotional health at the time of the will's creation? Or perhaps an additional will, previously unknown to all parties involved, has been discovered? The potential complications are many fold.
If you believe a loved one's will was created in error you will need the help of a knowledgeable estate litigation attorney to properly contest the contract's validity. While there are a number of ways to contest a will, considerable proof is needed to obtain a successful resolution. Retaining superior legal counsel, with a focus on handling wills, is the only way to ensure a successful outcome.
What Are Common Reasons For a Will to be Contested?
Wills are legally binding contracts that if executed correctly, act as a clear blueprint for family members and loved ones to follow, after an individual's passing. Unfortunately, this is not always the case. In many instances families are left with dysfunctional, incomplete or fraudulent wills to translate, which in turn results in the will being contested. The following are just some of the more common reasons loved ones, or family members, contest a will:
Poorly Executed: Fortunately, it isn't enough to simply write up a last will and testament. In order to be considered legally binding, the will must be drafted in accordance with a number of New York state mandates. Generally speaking, if a lawyer isn't present to assist with these legal details and offer recommendations, the will is more than likely deficient in one way or another.
Failing Health: Families will often contest a will on the grounds that it was created when an individual's mental, emotional and physical wellbeing were compromised. This is especially true if the person in question is of advanced age and suffering from complications linked to Alzheimer's, dementia, severe depression and other cognitive challenges. Contests can even extend to individuals who were under the influence of serious medications and mood altering drugs.
Forged or Fake Documents: This particular category speaks for itself. If the will in question is found to be fraudulent or a portion of it has been falsified, the will could be contested. There are a number of ways in which this could happen, from faked signatures to false statements made about a particular family member. Additionally, if a secondary will is discovered that contradicts the first, the validity of one or both of the documents could be called into question.
Coercion and Manipulation: In some cases, a will may have been signed because the individual was pressured, tricked, or bullied into signing it. It is not uncommon for a the individual's family or loved ones to contest the will if it is suspected the individual did not sign the will of his/her free will. It will be necessary to provide evidence that there was undue influence over the individual at the time of the signing.
Reliable and Experienced Counsel
If you are facing a will contest as the estate executor or believe your loved one's will is deficient in some way, contact the Law Offices of Paul A. Boronow, PC today. Our team can help you find the answers you seek through sound legal counsel. We will fight for your family's best interest, both in and out of the courtroom. Speak with one of our representatives at (516) 227-5353.
Call us today at 516-227-5353 for a free consultation
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