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Bronx Estate Litigation

Bronx Lawyer for Will and Trust Disputes

Of the five boroughs, the Bronx is northernmost in New York City. Made up of 42 square miles, it is located south of Westchester. There were 1,385,108 people living within the Bronx as of 2010, and this figure is up 3.9% since 2000. Home to Yankee Stadium, the Bronx Zoo, and many other attractions, the Bronx is third on the list of the most densely populated counties in the country. However, approximately one-quarter of the Bronx also consists of open space. Many families live in the Bronx, and people there may find themselves embroiled in a disagreement about an estate, such as a will or trust contest. Seasoned Bronx estate litigation attorney Jules Haas can assess the facts of your situation and help you evaluate your legal options.

Estate Litigation

In order to make sure property is disposed of according to their wishes, people often make a will or trust, or both. These are written instruments executed for purposes of distributing property under certain circumstances, such as the death of the person making the instrument. The disposition of property is often a heated affair. Loved ones may disagree with the wishes of the person making the will or trust, or may be suspicious of the circumstances surrounding the drafting and execution of the instrument. It is possible to challenge the validity of a testamentary instrument through a will contest or trust contest. These are some of the most common forms of estate litigation.

Reasons to contest a will or trust include fraud, undue influence, incapacitation, incompetence, and failure to execute the instrument properly. There are situations in which a caregiver with influence over an elderly person’s daily living successfully tries to exert control over the disposition of the elderly person’s property, so that the caregiver gets substantial assets. Sometimes an elderly person has acquired a condition that makes him or her unlikely to understand what a will or trust says. For example, if your father made a will after he developed Alzheimer’s and you were disinherited, you might use this as the basis for a will contest.

You can only bring a will contest if you have a pecuniary interest in the decedent’ estate. Usually, if you are getting less under a will than you would have if the person died intestate, you will be able to bring a will contest. An estate litigation lawyer serving the Bronx can help you determine whether you have a claim in this context.

What is Kinship Asset Discovery?

Kinship asset discovery needs to go forward if someone dies intestate, meaning they didn’t leave behind a will or trust to govern the disposition of their estate. In such cases, intestacy laws apply, and the kinship asset proceedings will determine whether someone claiming he or she should inherit is next of kin and should receive an inheritance. The discovery entails a survivor showing he had a blood relationship to the deceased, nobody has a closer level of consanguinity, and whether any others, such as a sibling, have the same degree of consanguinity. Proof needs to be made with testimony and certified records.

Estate Disputes Related to Real Estate

Often estate litigation arises in connection with real property. Sometimes a person dies with only one asset: a home where they lived. Sometimes beneficiaries lived at the same house, and won’t leave after the decedent died, even though another person has inherited the property. It is possible for an administrator or executor to try to evict these types of tenants in a turn-over proceeding, and a knowledgeable Bronx estate litigation lawyer can help. A turn-over proceeding can be brought in the Surrogate’s Court, and through it, you may be able to obtain unpaid rents and costs. In this type of proceeding, the executor or administrator asks the court to order a third party to turn property, such as real estate, over to the fiduciary that belongs to the estate, but is in the third party’s possession. Landlord-tenant eviction proceedings may also be used to evict third parties from the real estate owned by the estate.

Sometimes a large parcel of real estate originally belonging to a decedent is held in a trust. A beneficiary of the trust may object to how the trustee is handling management of the real property, and might wish to make allegations of self-dealing, imprudent management decisions, or breach of fiduciary duty in the interests of getting the trustee removed. A beneficiary may have the desire to obtain an accounting related to the real estate.

Consult a Trustworthy Estate Litigation Attorney in the Bronx

Often estate litigation in the Bronx arises in the course of substantial family quarrels. They require the attention of an experienced lawyer with sensitivity to family dynamics and stellar knowledge of the law. Estate litigation attorney Jules Haas has represented clients in the Bronx for more than thirty-five years. Whether you’re concerned about bringing a will contest, need to defend your accounting for a trust, or need to initiate a turnover proceeding, you can call Jules Haas at (212) 355-2575 or contact us through our online form. We review cases for free, and offer reasonable fee structures.

Client Reviews
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese