Probate and trust litigation lawyers in New York can help you to avoid estate disputes through careful planning, as well as assist when litigation becomes necessary.
Estate and trust litigation is a complex area of law which requires an experienced legal professional. An attorney will ensure all proceedings comply with the relevant legislation to produce results you seek.
When an individual dies, their assets are distributed according to a legal plan set out in their Will or trust document. These plans can be tailored specifically for each person based on his/her wishes and goals.
Trusts exist to safeguard assets from probate proceedings and lower estate tax bills while assuring beneficiaries can live with dignity without worrying about disqualifying for public benefits. An experienced estate and trust lawyer in New York can explain the advantages of creating your own trust as well as guide you through the drafting process.
Trusts come in various forms and each can be tailored to fit an individual and their family members’ specific needs. Your attorney can explain which trust type would best meet these specifications for your situation.
If a loved one has passed, disputes between family and creditors over how their assets should be distributed could arise, leading to lengthy probate court proceedings that can become expensively contentious.
In New York, the Surrogate’s Court has jurisdiction over trust and estate issues and can play an integral part in determining if an estate or trust is valid or not. A variety of grounds exist for challenging validity such as fraud, incapacitating illness, forgery and undue influence.
An estate or trust dispute can result in the loss of assets or delays in distributions to beneficiaries, as well as hostility between heirs or between an heir and the estate’s trustee, executor, or other fiduciaries.
Our probate and trust litigation attorneys possess years of experience representing both individuals and corporations in these complex disputes. They have represented some of New York’s highest-profile estates such as those belonging to Doris Duke, Jean Stralem, Andy Warhol, Arthur Sackler, Brooke Astor and Huguette Clark in court proceedings.
They are highly-versed in Surrogate’s Court practice and procedure, taxation, estate planning and complex probate/trust litigation proceedings in Surrogate’s Court as well as mediations or guardian ad litem appointments.
Estates, trusts and fiduciaries trust us to represent them in disputes involving breaches of fiduciary duty, contested accountings, actions to remove personal representatives or trustees, inter vivos transfers, powers of attorney, kinship issues, forgeries or any other complex matters.
These claims and disputes may take place within probate courts or state Probate Codes; additionally, Letters Testamentary/Letters of Administration will often be issued.