When someone is preparing for a contested will or probate consultation in the State of New York, there are certain steps they should take to ensure they are prepared. This consultation, or first meeting with an estate lawyer, is commonly called an initial consultation.
This first meeting, or consultation, gives both a potential client and a lawyer a chance to meet and review any potential legal claims. Preparation for this meeting is important to ensure that both parties get the most out of the meeting that they can.
To begin preparing for this meeting, it can be helpful to have basic knowledge about will contests and be aware of what information is important to bring to the lawyer’s attention. To have a valid will, the document must meet certain New York requirements, which the lawyer will be familiar with.
In New York, there are also requirements for when wills can be contested. Because wills are documents that determine who will inherit property when an individual passes away, there may be disputes, which are referred to as contests.
A will contest will usually be started by someone who is named in the will to receive assets. When an individual contests a will, it means that they are challenging the will’s validity or authority or the validity or authority of its provisions.
Wills are commonly contested when someone thinks they should have gotten something under the will, but they did not. When someone wants to contest a will, they have to have standing, or have been named in that will.
Someone can also have standing if they would lose their inheritance if the will is deemed invalid. Some wills may have an anti-contest clause, meaning that anyone who contests the will automatically gives up their inheritance.
If an individual has an issue with a will, they may have to appear in probate court. A probate court establishes the validity of a will, pays off taxes and debts the estate owes, and distributes assets.
To find out more about contesting a will in New York, it is essential to schedule a legal consultation in New York.
What Documentation and Questions Should I Prepare Before Meeting With My Wills, Trusts, and Estates Lawyer?
Before meeting with New York lawyers, someone should take time to prepare before they go to the meeting. This can be done by making a written list of questions for the lawyer, as well as collecting any documents they have related to the will.
Having a list of questions in writing can help a potential client ensure that all of their questions are answered and that they can take notes. Having these notes can also be helpful if someone is meeting with more than one lawyer.
There are no questions or concerns that are unimportant or silly to ask. It is an attorney’s job to explain their issues to their client and ensure that they understand the legal process.
What Makes a Contested Wills or Probate Case Strong in New York? What Makes It Weak?
The first step someone can take to make their probate case strong is to hire a New York lawyer. An attorney will be able to make sure they have standing and file a petition on their behalf in court.
A will contest should be filed as soon as a dispute arises because there may be a time limit, or statute of limitations, after which a claim cannot be filed. Generally, an individual in New York will have three years from the time the will is entered into probate to file a contest.
Will contests can be challenging because courts often do not want to change the testator’s written wishes. An attorney will help present the most effective arguments and evidence possible.
Once the probate process is completed, it is very challenging to contest a will. It can be done, however, in certain situations, such as if the will was fraudulent or forged or the testator lacked testamentary capacity.
Wills can also be contested following probate if evidence is presented of improper execution, duress, coercion, or other issues. Once a will contest has been filed, a hearing will be scheduled and the parties will be allowed to present evidence and arguments.
When a will is voided, a court will request previous copies of the will. It may also follow the testator’s instructions in an older will version.
If no previous versions of a will exist, the court may treat the decedent’s property as though they passed away without having a will. If this happens, the decedent’s property will be distributed according to New York intestacy laws.
When a will is written poorly, it will be more likely to be contested. An individual should use the clearest and most specific language they can to avoid will contests. Modifying a will is possible as many times as someone wants during their lifetime.
In New York, What Are Some Dos and Don’ts for Contested Wills or Probate Cases?
Do’s when contesting a will
The first and most important “do” when contesting a will is to hire an attorney. When someone contests a will, they will have to submit evidence in court, which is not easy without legal experience.
Another important “do” is to gather and present evidence that supports the claims in the will contest. The more evidence that the individual contesting a will can present that supports their position, the better chance they have of succeeding.
A third important “do” that can help avoid a will contest altogether is to have a lawyer draft an individual’s will before they pass. When a will is professionally and clearly written, there is a much lower chance of contests.
Don’ts when contesting a will
It is important not to try to complete a will contest alone, especially when the other side has an attorney. This can result in unintentional waiving of rights and not being able to have evidence submitted properly.
Another important thing is not to lie about anything, especially when speaking to the court. Even if the testator’s wishes seem unfair, it is essential not to make any false statements or accusations to try and increase the inheritance.
It is also very important that someone does not contest a will for a frivolous reason. A will contest can turn into a lengthy and serious issue that causes conflicts and even divides families.
When Do I Need a New York Lawyer for Wills, Trusts, and Estates Issues?
If you are having any issue related to wills, trusts, or estates in New York, you can seek advice from a New York probate lawyer. Your attorney will be able to provide you with guidance and advice on your situation as well as assist with gathering and presenting evidence and arguments in court.
In addition, your attorney will help you determine if you have standing, explain how long the contest process may take, and represent you until your legal issue is resolved.
You can easily use the free attorney matching services provided by LegalMatch in about 15 minutes by completing the online submission process to find a New York attorney in your area who can help. Once you have completed this process, you will be matched with New York lawyers who are prescreened, licensed, and available to handle your claim.
