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Westchester County Estate Litigation

Westchester County Attorney for Will and Trust Disputes

With a population of 949,113 as of 2010, Westchester County is the second-most populated county in New York. The population is spread out over 450 square miles. In 2011, the yearly per capita income in Westchester County was $67,813, but it rose to $83,422 by 2014. As of 2010, there were 337,142 households in the area. Of these, 34% had children under age 18 living there. Fourteen percent of the population were 65-years-old or older. Estate litigation can have a huge impact on families and those of any age. Sometimes family members only find out after a loved one passes away that they’ve been disinherited, or that a caregiver has tricked the loved one into creating a new testamentary document that impacts the loved one’s survivors. If you have questions about a possible will or trust dispute, a seasoned Westchester County estate litigation lawyer can help.

Estate Litigation

For many people, making a will is their first priority in estate planning. Wills allow people to transfer assets to loved ones or charities, protect their businesses, and appoint guardians. They are a direct effort to make sure assets are distributed according to your wishes when you are gone. When wills are not created and a decedent dies intestate, assets will be transferred according to state law. Further, if you have children who are minors, the court will determine who should provide their care. Other estate planning steps can include the formation of trusts.

Estate litigation may involve kinship proceedings, will contests, trust contests, disputes about the interpretation of a will, accounting disputes, a surviving spouse’s right of election, and fiduciary litigation and removal proceedings.

Will contests may be brought for various reasons. These include undue influence, mistakes in execution, a testator’s lack of capacity to make a will, or forgery. Trust contests may be brought for the same reasons.

Sometimes estate litigation relates to interpretation of a will or trust, or the actions of an executor or trustee. For example, it may be necessary to pursue estate litigation to challenge a trustee’s decisions. There are situations in which a fiduciary such as a guardian, executor, or trustee can be removed due to misconduct in a fiduciary removal proceeding. Sometimes kinship proceedings must be instituted to question or establish the inheritance rights of a distant relative. In other cases, claims proceedings are instituted to establish who has a claim on an estate’s assets. A knowledgeable estate litigation attorney in Westchester County can review your case to determine which claims may be appropriate.

Real Property Disputes

Real property left behind by a person who has passed away can be the source of contentious disputes. For example, when real property is being controlled by a trustee and is held in trust, beneficiaries may believe it is being mismanaged. The trustee can be required to provide an accounting related to this real property. When an accounting isn’t given, a trust beneficiary can ask for a remedy under the Surrogate’s Court Procedure Act. If the accounting reveals trustee mismanagement, the beneficiary may institute removal proceedings. These proceedings can duty, self-dealing, or improper management. A Westchester County estate litigation lawyer can represent you in bringing or defending these kinds of proceedings.

Sometimes tenants occupy real property that belonged to a decedent. These tenants may not be willing to leave the property after the death of the owner, even though someone else inherited the property. An estate fiduciary collects the estate’s assets, and this process is straightforward where the fiduciary is knowledgeable about different kinds of assets, but there are occasions on which there are different views about the ownership of the property. A fiduciary can bring a turnover proceeding in order to recover real estate that belongs to an estate.

Skillful Westchester County Lawyer for Estate Litigation

Estate litigation in Westchester County can become contentious. Family members may disagree passionately about who is entitled to assets that are part of a decedent’s estate or about the validity of testamentary documents. If you need to pursue estate litigation or defend against it, you can consult Westchester County attorney Jules Haas. He has represented clients for over thirty-five years. Contact us at (212) 355-2575 or via our online form. Mr. Haas reviews cases for free, and provides reasonable fee structures to clients. Call now for a free review.

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