When you lose a loved one, the probate process steps in to settle their debts and distribute assets according to their wishes, as outlined in their will. If there's no will, state intestacy laws apply. However, disputes during probate can lead to probate litigation.
Common Probate Disputes in New York
Probate litigation often occurs from several common issues:
- Will Contests: Disputes may arise regarding the legitimacy of a will, with concerns raised about validity, undue influence, fraud, or the testator's mental capacity.
- Estate Administration Disputes: Conflicts frequently emerge among heirs, executors, or administrators regarding estate asset handling and distribution, involving allegations of mismanagement or disagreements over will or trust provisions.
- Claims Against the Estate: Creditors or claimants may claim the deceased's assets by filing claims for outstanding debts, unresolved contracts, or disputed property ownership rights.
- Guardianship Disputes: Disagreements over selecting guardians for minors or disabled adults may lead to probate litigation and concerns about appointed guardians' actions.
- Breach of Trust: Claims of misconduct, self-interested actions, or fiduciary duty breaches by executors, administrators, or trustees may result in litigation.
- Document Interpretation: Disputes can arise concerning the interpretation of wills, trusts, or other estate planning documents, involving disagreements over provisions' intended meaning, trustee or executor authority, or asset distribution among beneficiaries.
- Family Disputes: Family relationships often contribute to probate litigation, particularly in cases involving blended families or unequal asset distributions.
Do You Need an Estate and Trust Litigation Attorney?
If you're facing estate or trust disputes, it's wise to consult with an experienced estate litigation attorney or trust litigation lawyer. They can help you navigate legal complexities and resolve conflicts efficiently.
What Are the Early Steps in Probate Litigation?
Probate litigation typically starts with an initial meeting between you and a probate attorney. During this meeting, the attorney thoroughly reviews your case details, objectives, and any concerns you may have. Afterward, they thoroughly evaluate the strength of the claims or defenses involved, carefully reviewing evidence and documents.
They will then assess the strength of your claims or defenses, review evidence and documents, and explain the legal complexities involved. With a clear understanding of your case, the attorney will create a legal strategy to address your unique situation and guide you through the process.
What Happens in Probate Court Procedures?
Probate litigation proceedings usually occur in the county probate court where the deceased lived. Attorneys engage in discovery, gather evidence, and respond to requests. Settlement negotiations may occur before trial preparation. During this phase, attorneys advocate for their clients' interests and help guide decision-making.
Why Should You Choose Parisi, Coan & Saccocio, PLLC?
With 65 years of combined experience in estate and trust law in New York and North Carolina, Parisi, Coan & Saccocio, PLLC provides personalized guidance from start to finish. We carefully select cases to offer top-tier representation and ensure exceptional service quality. Our team, composed of attorneys and Certified Public Accountants, provides valuable insights into accounting, tax laws, and asset valuations, especially in complex estates. Count on us to defend your rights and steer you through complicated legal challenges with commitment and expertise.
For more information about our comprehensive estate and trust litigation services, please get in touch with us online or call 914-228-7448.