Brooklyn Will Contests

Brooklyn is a borough of New York City with high population density. Historically known as a home for immigrants from all over the world, it has changed and become gentrified in recent years. White-collar workers make up roughly 85.1% of those working in Brooklyn. Blue-collar workers made up 14.9% of those employed. The median yearly household income in the borough is $60,231, while the average household income in this borough is $91,610. Regardless of the size of the estate a person living in Brooklyn believes he or she will leave behind, it is wise to make a will to dispose of one’s property. Unfortunately, after someone dies, certain financial and emotional issues can arise among family and friends. It is crucial to retain a lawyer to represent you in a will contest, whether you are fighting the terms or validity of a will, or you are striving to uphold it. Give our experienced Brooklyn will contest attorney Jules M. Haas a call to discuss your situation. He has more than thirty years of experience.

When you have a pecuniary interest in someone’s estate, such as when you are a spouse, child, or other close family member of the decedent, you may have standing to file a will contest. You also have standing if you are a beneficiary of a decedent’s will, who would get less under a will being probated than you would under an earlier will or if there were no will. When you have a basis to challenge a will, our Brooklyn attorneys may be able to file an objection with the Surrogate’s Court to initiate a will contest.

Grounds to file a will contest include a testator’s failure to follow formalities when executing the will, fraud, and undue influence. We can also file a will contest if it seems that a will being probated was revoked. For example, if your grandmother drafted and properly executed a new will leaving property to multiple grandchildren, but your uncle was trying to probate her first will, which left him more money and an apartment, we might be able to file a will contest based on revocation.

One common reason our lawyers file will contests is because the will at issue was not drafted and executed in accord with important formalities. In order to be valid, a last will and testament must be written, dated, and signed by a testator who is of-age, with two witnesses signing. A will contest could be filed if it’s found that there was only one witness, for example, or if the testator was sixteen rather than 18 when the will was drafted.

We can also try to invalidate a will that was not executed appropriately, such as when a testator, or person making the will, did not have testamentary capacity to do so. For example, if your spouse developed dementia and did not know who you were when she drafted a will, we may be able to contest the will on the basis of lack of testamentary capacity.

Tragically, some people do take advantage of those who are frail or in need of help in advanced years or due to their disability. Our lawyers can file a will contest based on fraud or undue influence. Wills can be invalidated on the grounds of undue influence when we can show motive, opportunity, and actual use of undue influence. For example, if your husband’s nurse drafted a will in which the nurse’s side business would receive a significant donation upon your husband’s death, these would be suspicious circumstances, and further investigation would be appropriate to determine if the nurse exerted undue influence upon your husband.

The outcome of a will contest can be significant to family members and friends alike. Whether you are trying to uphold the terms of a will or challenge it, you should have a seasoned Brooklyn will contest lawyer by your side. Call Jules M. Haas now for a free confidential review of your case at (212) 355-2575 or contact him through our online form. With more than 30 years of experience providing personal representation, he offers a reasonable and flexible fee arrangement. We represent executors who want to probate a will. There are also many cases when family and friends want to invalidate a will simply because they are unhappy about its provisions. We represent the nominated executors to have the will admitted to probate when objections have no merit.