Estate Litigation in Long Island
Sheryll Law, P.C. protects beneficiaries, fiduciaries, and claimants through estate litigation in Long Island’s Surrogate’s Court.
Protect Your Rights With Long Island Estate Litigation
The Estate Administration process is never linear. Consulting an Estate Administration attorney to understand the complexities and rights of the family members after losing a loved one can help to avoid conflict, animosity and potentially litigation. Receiving an inheritance after a loved one passes is a special gift, sometimes litigation is inevitable and even necessary, the estate plan or will may be contestable consulting an experienced estate planning law firm may be your only route to closure.
Sheryll Law, P.C. represents both sides of estate litigation cases. We will attempt to resolve the issue without going to court. However, we have years of experience litigating these cases in front of a judge and can protect your rights while representing you.
Common Reasons for Estate Litigation
Sheryll Law, P.C. represents clients for all types of estate litigation. Common types include:
- Contesting a Will and or Trust
- Creditor or business partner claims against the estate
- Guardianship proceedings
- Kinship proceedings
- Spousal estate litigation
- Challenges against the fiduciary
- Tax issues
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Claims Against The Fiduciary
Choosing a fiduciary is not always so apparent. Choosing your fiduciary wisely can avoid the possibility of conflict while administering an estate. A fiduciary has numerous responsibilities and has a duty to act in the estates best interest . While many people take this responsibility seriously, others run afoul of the law. Beneficiaries can file a claim against the executor if there is belief that matters are not being handled properly. Engaging a proper estate planning law firm will ensure your wishes are documented and executed correctly.
Contesting A Will or Trust
Contesting a will or Trust is more common than people might think. Many people think that wills and trusts are written in stone and cannot be contested. However, if you have a belief that your loved one's plan was compromised, consult with an attorney to see if you have legal grounds to contest. Common grounds include lack of validity, fraud, and mental competency issues. Many people have several wills throughout their lifetime. Make sure that the Will is their last and final. Consult with a long island estate litigation attorney to determine the possibility of your claim and your legal options.
What is Spousal Right Of Election?
A spouse is entitled to the greater of $50,000 or one-third of the estate in New York. This is designed to protect the inheritance for the spouse. It is important to know what your rights are if you have been disinherited by your spouse. Time is of the esense during these matters. File your claim quickly before the estate is disbursed. It is important to know your rights and options in this difficult situation. Consult with a probate and estate administration lawyer to ensure the estate is distributed correctly and according to the law.
Without a will, the fate of an estate could be determined by New York State intestate laws. When there are no close family members left who does the estate go to? Distant relatives may come forward and make a claim to a portion of the estate and prove kinship. When kinship is proven and the individual proves their lineage, the descendant will receive a portion of the estate. Evidence must be presented such as DNA or birth certificates. Legal representation is recommended to receive a favorable outcome and navigate the complex process of estate administration. Contact a probate and estate administration attorney to understand your rights.