Queens Estate Litigation

Knowledgeable Lawyer for Estate Litigation in Queens

You may find yourself involved in a dispute related to a relative’s property after his or her passing. Individuals may make a trust or will in order to make sure property is distributed according to their wishes upon death or another event. However, the distribution of property upon death can still turn into a heated source of controversy. Loved ones might believe that the decedent’s will or trust was made under suspicious circumstances or believe that the instrument isn’t valid for another reason, such as a failure to follow formalities. Whether you wish to challenge a family member’s will or trust or you are defending that will or trust against someone else’s challenge, seasoned Queens estate litigation experienced attorney Jules Haas can advise you regarding your legal rights.

Estate Litigation

Written instruments that are executed in order to distribute property under particular circumstances include trusts and wills. Formalities should be followed when making and executing these instruments. Among other things, the person making the instrument and trying to dispose of property in a particular way must be competent to execute the instrument. Other conditions should also be met. If a decedent’s loved ones disagree with the decedent or believe the instrument was improperly made or executed, they have an opportunity to contest the will or trust. Estate litigation often involves will contests or trust contests. It can also include a challenge to a trustee’s accountings or a challenge to intestate administration. Family members may dispute which party should be appointed as administrator.

Will and Trust Contests

There are many different reasons to contest a trust or will, and a skilled estate litigation lawyer in Queens can help you determine whether you have a valid legal basis to bring such a challenge. Some common reasons include failures in execution, lack of testamentary capacity, undue influence, and fraud. The circumstances will dictate under what basis a will or trust contest can be brought. For example, if your grandfather had Parkinson’s later in life and disinherited you, while naming his caregiver the sole beneficiary of the will, it is possible the caregiver manipulated him and used undue influence to achieve that result. You might use undue influence as the reason for a will contest.

You can only bring a will contest if you have a pecuniary interest in the decedent’s 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.

Kinship Discovery

Sometimes distant relatives of the decedent claim an inheritance upon his or her death. Kinship hearings and discovery is the process used to determine whether a claimant is next of kin and should therefore inherit. In New York, next of kin are called distributees. During kinship discovery, the claiming survivor will need to prove, using testimony and certified records, that she had a blood relationship to the decedent and nobody else is a closer blood relative. She will also need to establish whether or not there are other blood relatives with the same degree of biological closeness to the decedent. A knowledgeable Queens estate litigation attorney can assist you with proceedings of this nature.

Real Estate Disputes

Sometimes the most heated disputes after someone dies are related to the real estate he or she owned. These disputes can take various forms. The decedent may have only left real estate behind upon his death, or real estate may be the most valuable asset in the whole estate. An administrator or executor can start proceedings in landlord-tenant courts in order to require tenants to vacate. However, it may be more appropriate to institute an ejectment or turnover action in Queens Surrogate’s Court to get a family member or estate beneficiary to vacate the property after the property owner dies.

Another common type of real estate dispute that arises after a property owner’s death is a partition action of property owned by the decedent and another person. A partition can be obtained to physically divide property such that the decedent’s estate and the other person each have a portion that he or she holds as sole owner. However, a partition by sale is more common, and in this type of partition, the property is sold at auction, and the co-owners split the sales proceeds.

Consult a Skillful Estate Litigation Lawyer in Queens

Estate litigation in Queens may be linked to contentious family battles. Estate litigation demands an experienced attorney’s attention. That attorney will need to be compassionate with regard to the family members’ needs and also have an outstanding grasp of the law. Jules Haas is a knowledgeable lawyer who has handled matters related to wills, trusts, and other estate issues for over 40 years. Whether you need to commence a turnover proceeding or bring a will contest, you can consult Jules Haas at (212) 355-2575 or contact us through our online form. Our firm offers a free review of cases, as well as reasonable fee structures.