NYC Estate Litigation Lawyer
Estate litigation can refer to number of things but typically it deals with contesting a will, contesting an administration when no will is in place, challenging a trust, and challenging an aspect of probate. Our law firm, Mishiyeva Law, PLLC., which concentrates on estate, probate, and will contests, can effectively take on your case. From settlement to a full blown trial, we do what we need to in order to get you the results that remedy all parties involved. Call us today at (646) 233-0826 if you require a New York City Estate Litigation Lawyer.
- How to Win a Will Contest in NYC and Brooklyn
- 5 Things To Know about a Will Contest in NYC
- How to Challenge an Executor of a Will
- Contesting an Accounting and a Breach of Fiduciary Duty
Who we represent
Our law firm can represent a number of parties including the beneficiaries, creditors, heirs, administrators, executors, trustees, personal representatives, and grantors.There can be a number of ways to contest a will or trust. Reminder: saying it was unfair that you were not included in a will or trust is has zero grounds in court. The law dictates for us what can be used as our arsenal when challenging an estate planning vehicle.
Capacity: An individual has to be mentally competent and be aware of the nature of their actions when creating a will or trust. You as the challenger will need to prove because of a condition like dementia or external substances like alcohol that they were not competent during the time of creating the estate planning document.
Undue Influence: A person must create a will or trust with their own volition. With undue influence, the individual is being pressured or coerced by another party to draft the document based on the specifications of the coercer. You would need to prove the individual was being coerced by another party to formulate the clauses in their drafted legal document.
Breach of Fiduciary Duty: There are certain obligations an administrator, trustee, or executor have to the beneficiaries. They need to act in an honest, prudent, and trustful manner. If the personal representative ever breaches their fiduciary duty, you as the beneficiary or heir have a case to file an action against them.
Forged Documents: You have a serious case in your hands when forging and deception is at place with an estate planning document. Investigators and signature specialists can be called upon to perform an examination in order to prove the claim of fraud.
Lack of Formality or Ceremony: One of the main reasons a will is thrown out of court is because improper will execution. Certain actions and announcements need to be made by the testator to the witnesses of the will signing among other things. You as the challenger of the last will and testament will need to prove the correct will execution did not take place.