Contested Probate in New York
What Is Contested Probate?
Probate disputes arise when heirs or beneficiaries challenge the validity of a will or how an estate is being administered. In New York, these disputes are resolved in the Surrogate’s Court and may involve complex litigation.
Common Grounds for Contesting a Will
- Lack of Capacity: Claiming the deceased lacked mental capacity when signing.
- Undue Influence: Allegations that someone manipulated the deceased.
- Fraud or Forgery: Questioning the authenticity of the will.
- Improper Execution: Errors in signing or witnessing the will.
Other Contested Probate Issues
- Disputes between heirs about asset distribution.
- Claims that the executor is mishandling the estate.
- Challenges to the accounting of estate finances.
The Litigation Process
Contested probate can involve:
- Filing objections in Surrogate’s Court.
- Depositions and discovery of witnesses.
- Medical or handwriting expert testimony.
- Court hearings and potential settlement negotiations.
Our Firm’s Approach
We represent clients on both sides of contested probate cases:
- For Executors: Defending the will and ensuring fair administration.
- For Beneficiaries: Challenging improper wills or executor misconduct.
We work to resolve disputes through negotiation or, when necessary, aggressive courtroom representation.
Why Choose Our Probate Litigation Team
- Proven Court Experience: Skilled in Surrogate’s Court litigation.
- Balanced Perspective: We handle both defense and contest cases.
- Focused on Resolution: Protecting your rights while avoiding unnecessary costs.
Contact Us About Contested Probate
If you are involved in a probate dispute in New York, our attorneys are here to help. Contact Goldburd McCone LLP today for a consultation to protect your interests and your loved one’s legacy.
