Long Island Probate and Estate Litigation Attorney

New York Estates and Probate

Individuals who write wills generally lay out a clear plan as to who they desire to receive their assets upon their death. In most cases when a will is written the probate of the will moves forward without legal complications. Sometimes however, there is litigation with regards to the terms of the will. The probating of the will or the administrating of an intestate estate (dying without a will) can be challenged by other family members, or individuals, who believe they should have inherited from the decedent. This is especially true when one party seeks to disinherit his or her spouse or children. There are a number of reasons why a will and/or a trust can be challenged in a court.

Dedicated Estate Litigation Lawyers

Elliot Schlissel and his staff of attorneys have been litigating probate and estate matters for more than 35 years throughout the metropolitan New York area. Our attorneys understand the complexities and issues involved with litigation in the Surrogate’s Courts throughout the Metropolitan New York area. Our lawyers have represented scores of clients concerning issues involving wills, trusts and the administration of estates. In addition, our law firm has extensive experience in litigating contested accounting proceedings in the Surrogate’s Courts.

Wills Litigation

A will can be challenged in Court for numerous reasons. The most basic reason for challenging a will is that it was not executed in conformity to New York State Law. Wills also can be challenged and litigated based on the fact the person executing the will did not have testamentary capacity, was defrauded, there was undue influence and/or the individual simply did not know what he or she was doing.

Powers of Attorney

Individuals execute Powers of Attorney with the hope the person they appoint will carry out their wishes. Sometimes, these individuals act to defraud the person who had trusted them and to ingratiate themselves by improperly taking assets belonging to the estate. The abuse of a Power of Attorney can create serious problems with regard to an estate. Issues involving embezzlement and self dealing need to be carefully handled to recover the funds improperly taken from the estate. This can be accomplished by contesting the actions taken under the Powers of Attorney.

Spousal Right of Election

In the State of New York a spouse is protected from being disinherited from the other spouse. Under New York State law, a spouse is entitled to what is referred to as an elective share. A spouse’s elective share consists of the greater of $50,000 or 1/3 of the estate of the spouse that died.

Unhappy With The Handling of An Estate?

If for any reason, you are unhappy, dissatisfied or have questions concerning how an estate is being handled, feel free to call the Law Office of Elliot Schlissel for a free consultation. Our phones are monitored 7 days a week, 24 hours a day. Our office is well known among court personnel, judges, and other attorneys in the estates area. We have a winning combination of knowledgeable, proactive attorneys who handle each and every case, whether large or small, with the same zeal and purpose. Call us for a free consultation should you have questions. We can be reached at 516-561-6645, 718-350-2802 and 1-800-344-6431.