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Long Island Will Contest Lawyer

Knowledgeable and Experienced Attorney for Will Contests

Long Island is a densely populated island that stretches from east of Manhattan Island into the Atlantic Ocean. It has four counties, two of which are also boroughs of New York City. It has a population of around 7.647 million and, as measured across the world, is the 17th most populous island. In Suffolk County, one of four counties on Long Island, 14.5% of the population is age 65 or older. Meanwhile in Nassau County, 15.8% of the population is at least age 65. However, you can be any age and be affected by the provisions of another’s will. Will contests are challenges to last will and testaments. If you need to bring or defend against a will contest, you should discuss your situation with our seasoned Long Island estate litigation attorney Jules Haas. He has more than three decades of experience handling these matters and may be able to represent you.

Will Contests

Whether you are a proponent of a last will and testament or seek to invalidate it, you should be aware there are different grounds upon which it can be contested on Long Island. Whichever party seeks to have the will’s provisions invalidated will need to establish at least one of these grounds. When retained to file a will contest, we examine the circumstances of our clients’ cases and raise every available ground to challenge the will. Conversely, however, if you are a client who hopes to preserve the will as written, we will need to guard against the objectant establishing there are grounds to invalidate it.

Sometimes testators include no contest clauses in their wills. These are limits that void testamentary gifts when a beneficiary contests the will. In other words, if you are a beneficiary of a will and you file an unsuccessful contest in Surrogate’s Court and there is such a clause in the will, you lose your entitlement to any bequest the decedent had specified for you in the terms of the instrument. This is one reason it is critical to retain a seasoned lawyer to examine the documents and the facts of your specific situation to determine the best course of action.

Common grounds for will contests on Long Island, and elsewhere are improprieties in execution, undue influence, and lack of testamentary capacity.

Improper Execution of a Will

Proper execution of a will is critical to its enforcement. When the required steps have not been followed, a will contest in Surrogate’s Court will be successful. If a Long Island lawyer is able to show that the legally mandated steps were not taken in executing the will, he may be able to challenge its provisions successfully. For instance, if our firm can show that the decedent did not sign the will in front of two witnesses, the will may not hold up in court. Generally, however, when a lawyer has supervised a will’s execution, there is a presumption of regularity in its execution.

Undue Influence

Claims of undue influence can result in heated litigation on Long Island. When a will is found to be produced by undue influence, a will can be invalidated. The person seeking to invalidate the will must show that there was motive, a chance to unduly influence, and actual use of undue influence upon the testator. The undue influence must rise to the level of coercion that restricts free will and the decedent’s independent action. Inquiring into whether a will is the result of undue influence is a fact-intensive process. Whether a lawyer is raising this ground to challenge a will, or seeking to show that it does not apply, he will need to look closely at the particular situation.

Testamentary Capacity

Another grounds to challenge a will on Long Island is lack of testamentary capacity. When the decedent signed the will, he must have had the capacity to do so. The court will look at whether the decedent understood the consequences and nature of making the will, the extent and nature of the property he was disposing of, and the natural objects of his or her bounty and relations with them. The natural objects of a decedent’s bounty aren’t necessarily his or her heirs.

Consult a Seasoned Will Contests Law Firm

Often, a loved one’s death and the probating of a will gives rise to intense emotions. Sometimes Long Island heirs are angry at what a will specifies. A successful challenge to a will typically requires the careful insight and judgment of a lawyer. Proof must be made of the grounds to invalidate a will, and these grounds are limited. Jules Haas may be able to represent you in a will contest, whether you seek to invalidate or uphold another’s will. Mr. Haas represents clients in Manhattan, the Bronx, Queens, Kings, Richmond, Nassau, Suffolk, and Westchester Counties. Call him now for a free confidential review at (212) 355-2575 or contact him through our online form. We provide a reasonable and flexible fee arrangement and personal representation.

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