In an ideal situation, an individual leaves his or her loved ones a valid will, delineating to whom and in what manner his or her remaining property is to be disbursed after death. Unfortunately, this is not always the case. Without help from an attorney in drafting a legally valid will, an individual’s estate is often subject to a will contest, in which heirs of an estate challenge the will’s legitimacy. An experienced attorney is necessary to guide both the process of determining the legal soundness of a will, and the subsequent process of challenging a will that is not viable.Contesting a Will
Potential heirs and beneficiaries can challenge a will for a number of reasons. Among these reasons are:
- Mental Incapacity: The decedent was mentally incapable of creating a last will and testament
- Improper Execution: An error or errors were made in the formulation of the will. Errors can range from the drafting of the will itself to improper or insufficient witnesses to the will signing.
- Fraud: The decedent was operating under the influence of another individual who manipulated the will so as to be unrepresentative of the decedent’s true wishes.
Any of these reasons could potentially invalidate a will. If you feel that one of these, or any other circumstance, has led to improper disbursement of your loved one’s estate, a practiced lawyer can help you navigate the legal landscape of contesting a will. Your loved one’s possessions should go where he or she truly desired them to go. If you feel that this has not happened in your case, we can help.Your New York Will Contest Attorneys
With forty years of experience, the attorney team at Gallivan and Gallivan is your best resource for information regarding the necessities and the procedure of contesting a will. Should you think that your loved one’s will does not reflect his or her genuine intentions, reach out to us at 914-220-1086 or via email. We will help you seek justice and ensure that the actual purposes of your loved one’s legacy are fulfilled.