Legal Question in Wills and Trusts in New York

Re: contesting a will

Aside from the issue of whether the will was legally executed, will contests are potentially long drawn out battles. The decedent's medical records are potentially valuable on the issue of the decedent's mental capacity. But basically it is a complex factual issue as to the decedent's intent and the allegations of undue influence.

Re: contesting a will

If the will is being offered for probate in New York, then the decedent�s distributees have a right to contest the will. The distributees are those heirs who would receive the decedent�s property in the absence of a will. Also, beneficiaries of a prior will may contest the will being offered for probate. To successfully contest a will, it is necessary to show either that the decedent was not of sound mind at the time the will was executed or that the will was the product of undue influence. You must file objections to probate within a specific time period. Please contact my office directly if you would like to discuss your situation further.

Re: contesting a will

A will contest is a rather complex matter. I suggest that you retain the services of an experienced estate attorney located in the county where the decedent resided.