Suffolk County Will Contest

Located on the eastern side of Long Island, Suffolk County is the fourth most populous county in New York. It is geographically the largest county in Long Island, covering an area of 2373 square miles and roughly 1,525,920 call it home. Around 26.10% of the population is under age 18, while young people between ages 18-24 make up just 7.60% of the county. The largest demographic age-wise is people from ages 25-44 who make up 21.20% of the population. The median age in this county is 36 years. Regardless of age, however, it is wise to make a valid will, and to retain counsel to help with estate planning and execution of legal instruments. However, there is no guarantee that heirs or other interested parties will accept the terms of a will. Whether you need to challenge or defend a will, you should consult trustworthy Suffolk County will contest lawyer Jules M. Haas. He provides legal representation to those involved in will contests as proponents, executors, or challengers of a decedent’s will.

Will contests are one type of estate litigation. These proceedings revolve around a contest of a decedent’s last will and testament by those who have standing to do so, and they can involve heightened emotions, alongside highly specific requirements. Generally, those with a pecuniary interest in a decedent’s will are able to bring a will contest. For example, if you would have received a greater share of an estate had there been no will and the estate were to be distributed according to New York’s rules of intestacy, you may be able to pursue a will contest. You should call us about your situation if you believe there were improprieties in the making of the will, or someone else alleges there were.

If you have standing to contest a will, or believe you do, and you also have grounds to do so, you can file a will contest in Surrogate’s Court. It is wise to retain an attorney to represent you up to and through the legal proceeding because there are both technical and substantive requirements involved, and there can be dramatic consequences to decisions made with regard to them.

While people of any age should consider making a will, the person who is making the legal instrument must have “testamentary capacity” to do so. This term refers to: (1) the ability to understand what the will means and its consequences, (2) knowledge of what one’s property is and how much of it there is, and (3) the ability to understand who would normally be the recipients of items that make up one’s estate.

Our Suffolk County attorneys work hard to build strong cases for clients. Pertinent evidence we may gather in connection with a will contest includes testimony from witnesses, particularly those who spent time with the testator at the time the will was made, testimony from the testator’s doctor when there is an allegation of undue influence or lack of testamentary capacity.

Grounds to challenge a will in New York include improper execution, revocation, improper influence, lack of testamentary capacity, and fraud. For example, our lawyers may be able to file a will contest on your behalf if your dad suffered from dementia at the time he made his second will, and you believe that the terms of the first will, not the second represent his wishes. For another example, a testator, or person who makes a will, must follow certain formalities, such as having witnesses. A will contest could be filed in connection with your spouse’s will if these formalities were not followed, and the terms of the will are, therefore, invalid.

Will contests allow those who challenge a will on a legitimate basis to invalidate a portion or all of a will. This can result in items from the estate passing along according to an earlier plan, or according to the rules of intestacy. Often these matters are emotionally fraught, calling up old problems within a family or among a decedent’s loved ones, and require sensitivity to the specific dynamics. Call Suffolk County will contest lawyer Jules M. Haas if you need to bring a will contest—or defend against one. With more than 40 years of experience, Mr. Haas can offer knowledgeable professional guidance to seek the best possible outcome. Contact us through our online form or at (212) 355-2575. We provide clients with representation and reasonable and flexible fee arrangements.