Inheritance matters often involve extended familial relations, complicated financial considerations and significant personal memories. When there is a legal dispute, it is important to get reliable and personal legal assistance. We can help you with your legal dispute regarding inheritance. contact us online to schedule a consultation with one of our estate litigation attorneys.
Trust and Estate Disputes
At Schillinger & Finsterwald, LLP, our estate and trust litigation lawyers represent family members, beneficiaries, executors, trustees and others who are parties to disputes involving inheritance, including:
- Will contests involving litigation to contest the validity of a will on the basis of incompetence of the deceased, undue influence of the deceased, improper signing or witnessing of the will, forgery and other grounds.
For example, wills can be challenged where the person who made the will was not competent when the will was signed (including situations where the person has advanced Alzheimer's Disease or other mental ailments or illnesses affecting cognitive capacity). In addition, wills can be challenged where the person who made the will was unduly influenced or improperly pushed to sign the will by a person who would become a beneficiary. Further, wills may be contested if improperly written or drafted. Wills may be contested when the signature of the person making the will is a forgery. In addition, a will may be contested where the will was not signed or witnessed as mandated by legal requirements.
- Will clarification or construction proceedings to determine the meaning of terms in the will.
- Litigation regarding the conduct of an executor or administrator including claims for removal of an executor or administrator.
When an executor or an administrator fails to perform as required or is unqualified or incompetent, it may be appropriate to commence a proceeding in Surrogate's Court to remove the executor or administrator. A beneficiary or a co-fiduciary of an estate who is aware of mismanagement by an executor or administrator has rights to bring such a proceeding. In this situation, our estate litigation attorneys may commence litigation for the removal of the fiduciary based on claims for breach of fiduciary duty by the executors or administrators.
- Proceedings to establish which parties have a valid claim to assets of an estate, including creditors, shareholders, partners and joint ventures.
- Accounting proceedings.
In accounting proceedings, executors and administrators are regularly required to prove that they properly handled the financial and business matters of the estate. In some cases, beneficiaries sustain losses due to improper handling of assets and bad investments.
Contact Our Firm to Discuss Will Contests or Other Disputes
To arrange a consultation concerning a trust or estate dispute, contact us online or call us in White Plains at 914-949-7800.
