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Probate Litigation Archives

The difference between mental capacity and undue influence

Whether you have reason to contest a will or you are an individual with fiduciary responsibility to another's estate faced with defending such challenges, it is important to understand how the law can influence the proceedings.

Kinship hearings: Getting to the roots of valid inheritance

Family trees can be complicated things. Indeed, the nature of relationships today is such that it can be hard to find words to describe a given family. There might be second families, blended families, extended families and more. Such variables also create unique challenges for the courts in New York when someone dies, especially if there is no will and the estate is significant in size.

How a legal professional can assist in probate litigation matters

Whether a loved one died without a will or portions of a will are being contested, there are times when legal disputes may arise related to a loved one's estate plan. Probate litigation matters are often highly emotional and contentious and, if not handled in a sensitive manner, things can quickly escalate and get out of hand.

Ensuring that your estate planning wishes are realized

Throughout one's lifetime, change is a constant. From the birth of a child to the day that child graduates college or welcomes his or her own child into the world, life's ever-evolving circumstances force us to constantly evaluate where we are and what we need to do to either stay there or reach our goals.

Diminished mental capacity, undue influence and challenging a will

For many adult children, concerns over the physical and mental health of one’s parents are often a chief concern. In addition to worrying about an elderly parent falling or suffering a major health event like a heart attack, a parent's diminished cognitive health may also be concerning. According to the Alzheimer's Association, an estimated 11 percent of U.S. adults age 65 and older are currently suffering from the disease. For those who live to be 85 or older, incidences of the disease increase to 32 percent.

With Bobbie Kristina's passing, questions raised over who will inherit $20 million estate

In February of 2012, the world mourned the loss of undoubtedly one of the best female vocalists ever. As fans remembered Whitney Houston for her many contributions to the music world, her 18-year-old daughter Bobbie Kristina struggled to make sense of and cope with the tragic loss of her mother in an apparent drug-related accidental bathtub drowning.

Is a will contestable in New York?

Unless you went to law school like we did, you're probably like a majority of people across New York and only have a basic understanding of the law. Unfortunately, a basic understanding of the law does you little good when it comes to really important legal matters, such as drafting an estate plan. That's because not knowing the specifics of the law means you are likely to make costly mistakes -- ones that could be avoided if you fully understood the law or had obtained a lawyer's services.

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