If you believe a will is not valid, please read on, then contact an experienced Rockland County will attorney to learn what you should know about contesting a will in the state of New York.
How do you contest a will in the state of New York?
In order for you or any other person to contest a will in the state of New York, you must have grounds. Grounds are reasons based on the law that the will is invalid and should not be admitted to probate. Keep in mind, that while there is no set time deadline to contest an estate, you should do so as soon as possible.
What are some grounds for contesting a will in New York?
Whether you are contesting a will or defending a will claim, you will have to present one or more of the following grounds:
- Lack of testamentary capacity: The testator did not possess the mental capacity needed to make a valid will.
- Lack of due execution: The will fails to meet the necessary formalities, i.e. the will is not in writing, signed or witnessed correctly.
- Lack of knowledge and approval of the will: The contester has not been informed of the meaning or content of the will.
- Undue influence or duress: A third party put pressure on the testator to make or change his or her will.
- Fraud or forgery: A third party faked a signature or made unauthorized changes to a will.
- Rectification and construction: The will in question is ambiguous, unclear or does not carry out the intentions or wishes of the testator.
If you wish to lodge these or any other legitimate arguments to contest a will, you should reach out to a skilled Rockland County wills, trusts and estates attorney to discuss your next steps.
How can a Rockland County wills attorney help you?
A qualified legal professional will help you draft, collect, compile and present the documents and evidence needed to prove your case in court. These sorts of matters can drag on for years and cost you much in the way of money, time and patience. A seasoned legal representative can help smooth out the process and reach a more equitable resolution. Our firm will provide you with guidance and support as well as an honest assessment of your likelihood of success. Do not go it alone. Give us a call today.
Contact our Firm
The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.