Will Contest Litigation

Representation for Will Contests and Inheritance Disputes in Queens, NY

It is impossible to avoid disputes in every probate case. Family members might challenge a will’s validity or argue that they were in fact entitled to certain assets of a decedent’s estate.

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Located in Queens and serving the surrounding areas, the attorneys at Joseph N. Yamaner and Associates have been involved in many estate-related disputes, including will contests and inheritance disputes. We know how to reach agreements without spending significant costs on litigation. The entire firm works tirelessly to ensure families reach amicable resolutions that abide by a person’s true final wishes. Contact us today for a consultation or call 833-660-4746.

Why Contest a Will?

Wills are contested for a wide variety of reasons, including:

• The existence of a second will that may trump the one being probated
• Allegations of undue influence on the will’s creator at the time of creation or signing
• Accusations that the will being probated is forged or otherwise falsified
• Questions arise about the testamentary capacity of the creator
• The provisions of the will, including how assets are distributed

Whether you are taking action on behalf of an estate and a will or you are defending against a will contest action, it is important to have an experienced attorney on your side. These cases can get quite contentious and often involve a lot of emotions, as family members may be facing off against each other.

How Long Does Someone Have to Contest a Will in Queens, NY?

New York state law says a challenge to a will on grounds of fraud or forgery must be initiated within two years from the date the will was officially admitted to probate, within six years from the date of the testator's death, whichever time frame proves to be later. However, individual circumstances may influence this timeframe, generally, it is crucial to act promptly. It is advisable to consult with a will contest attorney as soon as possible to ensure that the necessary steps are taken within the legal deadlines. Contact us today for a consultation or call 833-660-4746.

Who Can Contest a Will?

Understanding who has the legal standing to contest a will is pivotal, especially in Queens, New York. At Joseph N. Yamaner and Associates, we recognize that only certain individuals, such as heirs, beneficiaries, or those who were promised an inheritance, have the right to contest a will. Our legal team is ready to help you determine your eligibility to contest a will and will guide you through the necessary steps. If you believe you have a valid claim and meet the criteria, Joseph N. Yamaner and Associates are dedicated to protecting your rights and pursuing a fair resolution in Queens, NY. 

Process for Contesting a Will in NY

Contesting a will in Queens, NY, involves a comprehensive legal process, and Joseph N. Yamaner and Associates are here to guide you every step of the way. The first crucial step is to consult with our experienced legal team, who will assess the circumstances surrounding the will in question. We'll meticulously review the document, gather relevant evidence, and advise you on the most effective strategies for contesting the will. Joseph N. Yamaner and Associates is well-versed in the intricacies of NY probate law and will work diligently to ensure your case is presented with the utmost professionalism and expertise. Contact us today for a consultation or call 833-660-4746.

What Evidence is Needed to Contest a Will in NY?

Successfully contesting a will in Queens, NY requires substantial evidence, and Joseph N. Yamaner and Associates are well-prepared to assist you in gathering the necessary documentation. Whether it's proving undue influence, lack of mental capacity, or improper execution, our experienced legal team in Queens, NY will work diligently to build a compelling case. We understand the importance of presenting strong evidence to support your claim. 

Common Grounds for Contesting a Will:

• Undue Influence: Allegations that an individual exerted improper pressure on the testator, influencing them to make changes to the will against their true intentions.
• Lack of Testamentary Capacity: Claims that the testator was not of sound mind or did not fully understand the implications of their actions when creating or amending the will.
• Improper Execution: Challenges based on the argument that the will was not properly signed, witnessed, or otherwise executed in accordance with the legal requirements.
• Fraud: Allegations that fraudulent activities, such as the forging of signatures or misrepresentation, were involved in the creation or alteration of the will.
• Forgery: Accusations that the testator's signature or key elements of the will were forged, rendering the document invalid.
• Mistake: Claims that mistakes or errors in the will exist, leading to unintended consequences or misinterpretations.
• Revocation: Arguments that the testator revoked the will either explicitly or implicitly, rendering the existing will invalid.
• Duress: Allegations that the testator was subjected to coercion or threats, forcing them to make changes to the will against their free will.

Having a lawyer at our firm on your side can ensure that your interest will be protected throughout the entirety of the case. The lawyers at Joseph N. Yamaner and Associates are highly skilled litigators who have years of courtroom experience. However, if an out-of-court negotiation is the best way in which to handle the dispute, the firm’s advocates can use their honed negotiation skills to reach an end agreement to the case.

Why Choose Joseph N. Yamaner and Associates to Help With a Will Contest in Queens, NY?

When considering legal assistance with a will contest, choosing Joseph N. Yamaner and Associates can make a significant difference. Our firm has a proven track record in handling will contests in Queens and NY. We combine legal expertise with a client-focused approach, ensuring that your concerns are addressed with care and diligence. We understand the sensitive nature of will contests and strive to provide effective solutions for each client. Contact us today for a consultation or call 833-660-4746.