Estate Litigation Lawyers in White Plains

Helping Resolve Estate or Trust Disputes

Estate litigation cases arise when family members or loved ones disagree about assets or someone’s final wishes. These disputes can often be tumultuous and emotionally draining, especially as you deal with the grief of losing a family member. The legal system will try to honor your loved one’s wishes, but if those wishes are vague or subject to interpretation, legal action can be taken to dispute them. Fortunately, an estate litigation lawyer on our team can help you with any issue in probate court.

At the Law Offices of Patricia G. Micek PLLC, we have over two decades of experience in the estate planning industry. Whether you are attempting to dispute a will or trust or you would like to protect yourself from disputes, our team is here to help. For more information about our services and how we can assist you, contact our law firm today at 914-533-1756.

What Are the Most Common Reasons for Disputes?

Estate and trust disputes happen for a wide variety of reasons. Most often, they occur when a family member is unhappy with how assets are being distributed after a loved one’s death.

Below are some of the common reasons for disputes:

Will Contests

If a family member believes a will is invalid or improperly executed, they can contest it. A will could be invalid for many reasons, including forgery, undue influence at the time of drafting, mental incompetence, fraud, or misrepresentation.

Appointment of Executor

The executor of the will is the person who administers an estate after someone passes. Disputes can arise if the executor has died or cannot fulfill their duties for another reason. A judge can appoint an executor if a person dies without a will, which often causes disputes for other reasons.

Creditor Claims

Creditors can make claims against an estate if they are owed money. If you are a creditor whose claim was rejected, you can hire an estate litigator to represent you in probate court to get the money you are owed.

Breach of Fiduciary Duties

Executors and trustees are bound by fiduciary duty to perform their roles carefully and without undue influence from others. If a family member believes that an executor or trustee has neglected these duties, they can enter litigation.

Trustee Removal

If a trustee is not doing their job correctly, you can ask a judge to remove them from their position. Bad trustees will sometimes steal from the trust or ignore specific directions in the trust. In this case, a judge may order them to step down.

How Can Disputes be Resolved?

Estate and trust disputes are often resolved by using evidence in court to prove the legitimacy or illegitimacy of a document. If you are attempting to dispute a will or trust, we will scrutinize the document, looking for factual or legal errors to present to a judge. If you are resolving a dispute with a family member, our team will look for evidence that the document is legally valid.

Many estate disputes happen because a family member questions the medical or cognitive condition of a loved one before they pass. Our team can review your loved one’s medical evidence and consult medical experts to determine their cognitive abilities. This expert testimony can be used in will contests, trust disputes, guardianship contests, and turnover proceedings for improperly taken assets.

Working with an estate planning lawyer can also help you prevent disputes before they arise. Improperly written documents or documents created under duress can lead to litigation. Our attorneys will work with you to make sure your estate planning documents are written correctly, providing proof of your cognitive function and your willingness to sign.

Can an Estate Litigation Attorney Help Me?

Assets like bank accounts, investments, and property can all be passed down to family members in wills and trusts. Unfortunately, disputes can arise between family members if legal documents are improperly written or the instructions are left up to interpretation. Estate and trust litigation can cause your family to spend long hours in the courtroom, paying fees and fines just to get your rightful assets. By working with an estate litigation attorney, you can avoid these delays and get the assets that are rightfully yours.

Our team at the Law Offices of Patricia G. Micek PLLC, has years of experience helping clients with estate law matters. We are confident we can help you with any estate or trust dispute you are facing. To speak to a member of our team, call 914-533-1756.