New York Estate: Common Areas of Estate Litigation

1. Will Contests:
A Will Contest is when a party contests the validity of a Will. Some reasons are that the will was not properly executed, was signed when the testator lacked capacity, or was the by-product of undue influence. Will contests are lengthy, time consuming, and expensive. They typically begin with SCPA 1404 examinations, which are depositions of the Will drafting and witnesses after that, and then move to 1411 Citations being issued, and then discuss. 

2. Executor or Trustee Misconduct:
Conflicts can also arise when someone is accused of mismanaging an estate. Removal proceedings are among the many remedies available in this area. A discovery proceeding can also be commended. 

Creditor Claims:
Disputes may emerge regarding the validity and priority of creditor claims against the estate. Common remedies are to compel an accounting or file a petition to determine the validity of a claim. 

Stages of Estate Litigation 

• Initiation of Legal Action: By filing papers in Surrogate Court. 

• Discovery: Requests for information. 

• Potential Settlements: The parties generally have discussions with the assistance of the Court.

• Trial: The trial is held before a jury. 

• Judgment and Appeals: Any decision can be appealed. 

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

For more information on this and other topics, please contact Kevin via any of the channels listed below:

📧 kevin@kmckernan.com  | 📞 718-317-5007