New York Estate Litigation Attorneys
The Choi Law Firm’s Reputable Estate Planning Lawyers in Queens County, NY Can Handle Your Will, Trust, and Estate Litigation Needs in Nassau County, Queens County, and Throughout New York City
Comprehensive will, trust, and estate planning are important parts of family law. Unfortunately, even when there is a signed, witnessed, and legally binding will or trust in place or a decedent – the person who passed away – painstakingly created a fair and enforceably estate plan for their loved ones, it is not uncommon for the beneficiaries or family members to disagree on how the deceased’s will should be interpreted and how their estate should be handled. If you face a family law dispute of any kind or need assistance with estate planning, wills, trusts, and litigation pertaining to such disputes, contact the New York estate litigation attorneys at the Choi Law Firm for reliable legal guidance, representation, and assistance for your needs.
Our New York Estate Litigation Attorneys Handle Complex Issues and Disputes of All Kinds
Even with a valid and undeniable will, trust, or estate plan at hand, families will often disagree and even pursue litigation against others in estate planning cases. Examples of how and where this can happen and how our estate planning lawyers in Queens County, NY can help with each case are outlined below.
A will contest is when someone objects to the validity of a will. There are many examples of grounds on which a will contest can be filed, including the claim that a decedent was coerced into drafting or writing their will in a certain way; that the intents of the decedent are not accurately reflected in the will; that the decedent did not have the mental capacity to write a will; or that there are other legal documents – including other wills, testaments, statements, contracts, or agreements – that invalidate the will in question.
When a will is written, a trust is set up, or an estate plan is created, then trust and estate administrators (often called the executor) are also chosen. These individuals or entities will understandably incur certain expenses while performing their duties as managers and administrators of the decedent’s estate. Family members and/or beneficiaries may dispute how much in compensation or expense coverage these administrators or executors are entitled to. Additional overheads that may be subject to dispute include fees for attorneys, accountants, financial advisors, and other professionals involved in estate management or administration. There may also be objections to how accounting is managed, especially if there is financial proof in the estate’s accounts of misconduct on the part of an executor.
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Beneficiaries and other parties may also have grounds for challenging how the decedent’s chosen executor or administrator handles the estate. For example, if a family member feels the executor is making risky investments, has become unfit to manage the estate, or is guilty of fraud or other illegal activity, they can raise these concerns and challenge the administrator’s fit for their role.
Beneficiaries and heirs may have reason to believe that the decedent’s choice of executor or administrator was flawed and that the appointed administrator should be removed. This is highly common when there is a conflict of interest or the executor has become unfit to serve.
In addition to the above, estate litigation may be needed if there are disputes regarding bequests or inheritances or if the language or provisions written in a will, trust, or estate planning document are unclear. Beneficiaries can also take legal action to preserve ownership or contest the ownership of assets of unique or sentimental value such as jewelry or art, and legal action may also be required if an executor takes too long to administer an estate and give the inheritors and beneficiaries what they are entitled to.
For assistance with handling all of these issues and determining the best course of action for your estate planning needs or family law disputes, contact the New York estate litigation attorneys at the Choi Law Firm today.
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Why Choose Our New York Estate Litigation Attorneys
Poor planning and inaction can both lead to long-term issues for you and your family. If you need assistance with drafting, writing, or enforcing a will or creating a trust or planning your estate, or if you have grounds for objecting to how a loved one planned their estate or created a trust or wrote their will, speak with our New York estate litigation attorneys today.
We have years of experience handling complex family law cases of all kinds. With a deep understanding of wills, trusts, estate planning, estate litigation, probate, and related branches of the law, our estate planning lawyers in Queens County, NY will help you by:
- Conducting a thorough review of the case facts to determine the best legal option and strategy for pursuing the outcome you desire;
- Answering questions and providing frequent updates and responses so that you know where your case stands and what to expect along the way;
- Negotiating on your behalf with other parties so that you can quickly and amicably resolve your legal disputes without resorting to expensive and time-consuming courtroom litigation;
- Fighting to ensure that your personal and financial well-being and your rights and interests are preserved.
Contact our estate litigation attorneys in Queens County, NY for a confidential consultation today and to discuss how we can help with your estate dispute.
Our New York Estate Litigation Attorneys Answer Your Frequently Asked Questions
If you have or believe you have a claim on assets included in an estate, you can file estate litigation. Examples include inheritors, relatives, individuals, or parties who may have lent money or provided services to the decedent but were not paid, or a purported beneficiary under state law. Our estate planning lawyers in Queens County, NY can help you determine if you are such a party or if a purported claimant to an estate is not a justified beneficiary.
It all depends on the nature of your case. Were you unfairly left out of a will or trust? You may be able to file a will or trust contest. Are there other grounds for contesting an estate? Examples include accounting issues, the misappropriation of funds, a breach of fiduciary duty, or an executor being unfit for managing an estate. Estate litigation may also be needed in guardianship proceedings when determining the right proxy in the event of the death or incapacitation of an appointed executor or administrator, and for other cases such as pre-existing agreements, disputed intent of the decedent, and more. Call our New York estate litigation attorneys today to find the right solution to the estate litigation issue you face.
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