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Contest a Will

Contest a will in nyc

Contest a Will in NYC and New York State

If you or a loved one are of the opinion that a last will and testament was not executed properly or the person who created the will would not have intended the division of property in which the way it currently stands, there may be an opportunity to challenge a will. There are a number of reasons a will may be challenged after the passing of the individual who created the will. These reasons include:

  • Undue Influence: The individual who created the will was influenced by someone while they were in a weakened mental state in order to benefit from the influence.
  • Improper Will Execution: Specific ceremonial actions which should be executed during ¬†will singing were not upheld by the testator.
  • Duress: The testator was under pressure to divide the property or disinherit someone from the proceeds of the will.
  • Fraud: The will itself is fraudulent or was modified without the approval of the testator.
  • Lack of Mental Capacity: The testator was not of sound mind at the time of making the will.

How We Can Help Your Will Contest

Our law firm is ready to approach your situation in one of two ways. We either position ourselves to settle the matter as quickly as possible or take the case all the way to estate litigation. Additionally, because legal costs are something to consider, we are always willing to enter into mediation to reach a resolution quickly and cost-effectively.

Set up a consultation with us so we can determine if you have standing. If we feel your case has merit, we will contact the executor’s attorney and proceed with getting you and your family closure as quickly as possible. We want to uphold your families legacy and will do all that we can to fight on your behalf if we detect the will was improperly executed because of fraud, undue influence, or abuse.

What Happens After a Will Challenge

In the event the will contest is successful, a few things may happen. The judge handling the case could decide that the entire will should be scrapped or only certain parts of the will are invalid. Surrogate’s Court would then divide the property of the decedent in a matter that they deem fit. If the will is considered to be completely invalid, the estate is subject to division according to New York’s law of intestacy.

Contact Mishiyeva Law, PLLC.

We are located on 85 Broad Street 18th Floor, New York, NY 10004. You can reach us at (646) 233-0826. Bring your matter to us immediately so we can begin working today. You can also email us directly at Kamilla@MishiyevaLaw.com.

When contacting us, please have the contact information of the executor and their attorney ready. Also, if you have a copy of the last will and testament, please be sure to have it presented to us during the initial consultation as well so our attorneys can examine the will.

 

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