What We Do

Estate Litigation & Administration

Estate Litigation & Administration

The passing of a loved one can leave you in grief and sadness. If you were close to your relative, then you will need time to process their death. You must also ensure that their last wishes are honored. When a person passes away, all property held in their name is subject to the probate laws of the state of New York. If they left a will and a set of trusts, then these must be identified and validated by the probate system.

Unfortunately, there is no way to tell how other members of your family may respond to the directives expressed in the will. You must be prepared for a challenge to the will, which is allowed under the law. One or more of your family members may believe that the will is invalid or may disagree with decisions made by the personal representative of the estate about their accounting. Creditors, business partners, and other interested parties may feel that they were treated unfairly and may also challenge the validity of the will.

If you are a beneficiary of the will and trusts left by your deceased loved one, you will be a target. You may be forced into probate litigation. You must meet the moment not only to protect your own interests but to carry out the last wishes of your departed loved one.

Going through probate litigation can be stressful. It will also be unpleasant for all concerned, as it will pit family members, friends, and old colleagues against one another. The delays, legal fees, and court costs associated with such litigation will inflame tensions. The only way to get through the litigation with your sanity and integrity intact is to hire a Maggs Law probate litigation attorney.

To have a will invalidated, the persons challenging it must prove that the decedent was under undue influence, duress, or coercion at the time it was signed, or that the will itself is a fraud or forgery. Although this is a tough standard to meet, you should not take any chances. It is better to hire an attorney who can rebut such claims and help you uphold the wishes of your departed loved one.