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Probate Litigation Archives

Key factors for contesting a will

Wills are meant to provide people with a way to designate their assets after their passing. Though this proves to be quite useful in many cases, there are some instances where specific impeding factors negatively alter or improperly affect such decisions.

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.

Estate-related disputes may take significant time to resolve

We frequently write about the numerous benefits traditionally associated with proactive estate planning. If you and your attorney work through your wishes and concerns in advance of your death, your loved ones will likely have far fewer reasons to dispute elements of your estate. However, even conscientious estate planning does not always result in a dispute-free future.

Court insists that Robin Williams’s heirs must work things out

When beloved film star Robin Williams passed away last year, people all over the world mourned the loss. But no one has felt his absence more deeply than his loved ones. Unfortunately, like many families, Williams’s family has spent much of their time compelled to fight over his estate instead of focusing on their grief. The lessons that Williams’s children and widow are learning may hopefully teach many Americans how to deal with their estate planning in ways that leave little room for in-fighting amongst loved ones.

Keeping the peace: Steps you can take to avoid will contests

Creating a will or a comprehensive estate plan is something that every adult should strongly consider. These legal solutions can be crucial in helping to sort out and distribute a person's assets in the event of death. While it may seem uncomfortable or frightening to discuss estate and probate matters, doing so can prevent a lot of stress and heartache for family members and loved ones in the future.

Can you disclaim an inheritance? - Part I

When an individual receives notice that a loved one has died, the news may come as a shock or as a relief, depending on the circumstances surrounding the loved one’s death and the nature of the relationship between the individual and his or her loved one. When a loved one’s death occurs, many practical matters must be addressed. It can be difficult to arrange burial or cremation of a loved one, regardless of how an individual feels about that loved one’s death. Because whether or not that death has inspired shock or relief, the passing of someone who has affected one’s life in any significant way can be difficult to grapple with.

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