Will Contests Attorney In Brooklyn
There are many reasons to contest a will. A will must be probated upon the death of the testator. At Polizzotto & Polizzotto, LLC, we handle will contests in New York.
Surrogate Litigation Lawyer In New York
For will contests and surrogate litigation representation, contact experienced attorneys at Polizzotto & Polizzotto, LLC, in Brooklyn. We represent litigants on both sides of will contests. Our attorneys will advocate on your behalf to achieve your desired outcome.
Grounds For Contesting A Will
There are many reasons to contest a will after it has been executed, including:
- Mental incapacity: If you believe the testator, the person who wrote the will, did not have the mental capacity to do so, you can contest a will. Mental capacity concerns arise if the testator was taking prescription medicine or was suffering from a debilitating illness such as Alzheimer’s disease. Wills made when the testator is on his or her deathbed are often challenged because of mental capacity issues.
- Improper execution: An improperly executed will is another justification for challenging the validity of the will. Examples of poorly executed wills include not enough witnesses, improper signatures and ineffective revocation of a previous will.
- Undue influence: Undue influence by a named beneficiary may also provide the basis for a will contest. You may be able to argue that the will does not represent the true wishes of the testator because the testator’s caregiver exerted too much influence over the creation of the will. The caregiver may be listed as a beneficiary in the will because of his or her influence near the end of the testator’s life.
When you contest a will, you must litigate the issues in Surrogate’s Court. Surrogate litigation occurs anytime a person has died and litigation ensues over any part of the estate, such as the will.
Experienced Brooklyn Will Contest Attorneys
When you hire us to represent you during your will contest, you can be assured that we will aggressively represent your interests. We understand the significant costs of losing a will contest and will strategically prepare your case, regardless of which side you are on, to be sure that you are heard in court.