Contesting Wills and Estates Lawyer in Brooklyn NYC

Only interested parties can contest a will, specifically any person who would otherwise inherit an estate had they not been excluded or limited in a will. A challenge to a will must be based on specific evidence and proof, from non-interested sources.There are several different grounds for contesting a will, most of which concern the capacity of the testator (the person making the will).

Testamentary Capacity

When contesting a will in New York, it is important to determine if its author was of sound mind when it was drafted. This does not mean that the testator was free from illness nor mental issues. It simply means they understood and comprehended the information that was recorded in their will.

Insane Delusions

This states that the will as recorded was done so when the author was operating under a belief or worldview not based on any real or provable events. This is often true in cases where the individual is severely ill or under heavy medication. In such a delusional state, any will that is produced or changed may not reflect their true wishes when they were of sound mind.

Duress

A will made under duress was made due to threats or force by an outside party to the will’s author. When contesting a will made under duress, the contesting party must show that the testator would not have prepared such a will if the will were made in accordance with the testator’s wishes.

When You Need Lawyers to Contest A Will

When contesting a will in New York there are several challenges you might face. This can be a very stressful and emotional time for all involved parties. There may be issues of fraud, duress, or mental incapacity. Given that these events often involve relatives and the recent passing of a loved one, you need lawyers who will treat this kind of case with the respect and objectivity it deserves. If you need to contest a will in Brooklyn, then the offices of Alatas & Taub are here to give you the legal advice you require. Call us today at 718-891-1200 or fill out a contact form.

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