In New York State, when a person dies, his or her will is generally offered for probate in the Surrogate Court for the county in which the decedent lived at the time of his or her death. Similarly, trusts can be administered in either Surrogate Court or Supreme Court. Our Trusts and Estates practice includes a team that handles litigation involving wills and trusts. On occasion, wills are ambiguous with respect to how the person who died wanted his or her assets distributed. Other times, there may be questions about the capacity or ability of the person to make a will because of physical or mental conditions. There are also times when the will was not properly witnessed or the person who made the will was being improperly influenced in deciding how his or her assets were to be distributed by means of the will. When these situations arise, litigation may ensue with respect to the validity of the will. Our firm has experience representing individuals who are contesting a will, as well as estates where the will is being challenged. Further, challenges may be brought against an estate or trust fiduciary with respect to how the trust or estate is being administered. Again, we have a team of attorneys that can handle these types of matters in a competent and prompt manner.
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