Challenging a Will: How to Fight for Your Inheritance

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Mick Grant

Founder and Writer

Competent Will Dispute Lawyer in New york

Disputing the validity of a will can be a challenging and emotional journey. Morgan Legal Group, situated in New York City, specializes in various legal areas such as estate planning, probate, guardianship, elder law, wills, and trusts. Our team of skilled attorneys is committed to upholding the true intentions of the deceased individual and safeguarding the rights of beneficiaries.

Considering Challenging a Will?

The process of contesting a will can be intricate due to various factors.The rise in blended families and second marriages has introduced complexities in estate distribution and spousal rights. It is essential to engage an experienced New York will dispute lawyer to ensure that the wishes of the deceased are properly defended.

Challenging a Will in NY

If you find yourself needing to challenge a will in New York, the burden of proof lies with you as the party contesting its validity. You must establish at least one of the following grounds:

  • Improper Execution: A will must be correctly signed by the testator and witnessed by at least two individuals who also sign it. Contestable issues arise if these signatures or drafting do not meet legal standards or if there are ambiguities within the document.
  • Lack of Mental Capacity: A will can be invalidated if it can be proven that the testator was mentally incapacitated when writing and signing it. The testator must have been aware of their assets’ extent and nature and also who would receive them.
  • Undue influence, Duress, or Fraud: Coercion or fraudulence during execution could render a will invalid. Expert knowledge on laws governing such contests is crucial for addressing these allegations effectively.
  • Finding of Second Will: A newer valid will supersedes an older one if proven authentic. Time constraints exist for contesting a will after which it becomes considerably challenging once accepted for probate.

Time Frame for contesting a Will in New York State

A beneficiary has 12 months from death to contest an estate’s distribution through a will unless based on fraudulence where no time limit applies.

morgan Legal Group boasts extensive experience litigating matters across all Surrogate Courts within New York Metropolitan area. Our attorneys adeptly handle issues related to wills, trusts, and estate litigation while fiercely protecting heirs’ rights throughout any disputes concerning estates.

comprehensive Services for Estate Litigation

At Morgan Legal Group , we offer diverse services aimed at addressing estate litigation challenges along with fiduciary duty concerns : < / p >

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