When someone passes away, a will specifies how their assets will be distributed. If someone believes that a will does not express the deceased person’s true wishes or that there are errors in a will, they may file a will challenge with the court. An experienced New York will challenge lawyer could help with this process.
The will challenge lawyers grounds for a will contest can vary greatly, and the burden of proof is on the party filing the claim. For example, some people challenge a will on the basis that the deceased person was not of sound mind when they created it or signed it. Others allege fraud or coercion. Generally, only individuals who are named in the will or heirs at law have standing to file a will challenge. Individuals who were not named in the will, such as friends and neighbors, do not typically have standing to contest a will.
A will challenge involves filing a petition or complaint with the probate court. Interested parties must be provided with notice of the proceeding and allowed to review the evidence before a decision will be made. There are also statutes of limitations in place that prevent someone from attempting to claim property long after the personal representative has distributed the estate. Having a skilled New York will challenge attorney by your side can be essential for navigating this process and protecting your financial interests. The best way to prevent a will challenge is to avoid any appearance of undue influence. For instance, if a family member is one of the beneficiaries, they should not be present when the will is being drafted or when it is signed. Additionally, you should not have that person act as a witness.
