Will Contest Attorney in Nassau County
Direct Attorney Guidance for Challenging or Defending a Will
A major change in beneficiaries, the unexplained exclusion of an heir, or suspicious circumstances surrounding a will’s signing can raise serious questions. A will contest challenges whether a will should be admitted to probate, the court-supervised process for validating the document and administering the estate. Executors, beneficiaries, and family members may also need representation when defending the document against objections.
At Kirshblum Taber PC, we approach these disputes through the connected areas of estate planning, elder law, and inheritance law. We review the disputed instrument, earlier estate-planning documents, family circumstances, and available evidence to assess whether there’s a legally supportable objection or defense.
Speak directly with one of our attorneys about a suspected problem or pending probate dispute. Call (516) 908-8842 to schedule an initial consultation.
Estate-Planning Insight for Nassau County Will Contests
Will litigation requires more than identifying an unfair result. It calls for close review of the estate documents, careful evaluation of how the will was prepared and executed, and a practical understanding of the family conflict behind the dispute. Orly Taber focuses on estate planning and elder law, including property and inheritance disputes. Clients communicate directly with our attorneys throughout their cases, and Spanish and Russian interpreters are available for those who need language access.
David A. Kirshblum is a former New York State Family Court Judge with more than 24 years of judicial experience. That background informs our approach to sensitive disputes, evidentiary questions, and courtroom procedure.
Representation on Either Side of a Disputed Will
We represent people considering an objection to probate as well as executors, beneficiaries, and other interested parties responding to a challenge. We begin by examining the client’s legal position, financial interest, available evidence, and goals.
A disappointing inheritance doesn’t by itself establish grounds to reject a will. Depending on the circumstances, the available path may involve filing or opposing objections, obtaining records, negotiating with interested parties, withdrawing unsupported claims, or continuing with litigation. We can explain the options and assess whether a courtroom dispute is appropriate for the case.
Grounds for Contesting a Will in New York
A New York will contest generally examines whether the document reflects the testator’s legally valid and voluntary wishes. The testator is the person who made the will. Any objection must be supported by evidence related to the document’s preparation, execution, or revocation.
Common grounds for an objection include:
- Lack of testamentary capacity: The testator may not have understood the nature of making a will, the general extent of the property, or the people ordinarily expected to inherit at the time of execution.
- Undue influence: Another person may have overcome the testator’s free choice through pressure, control, or manipulation and obtained a benefit.
- Improper execution: The signing or witnessing process may not have satisfied New York’s formal requirements.
- Fraud or forgery: The testator may have been deceived about the document, or a signature or instrument may not be authentic.
- Revocation or a competing will: Evidence may show that the document was revoked or replaced by a later valid will.
Relevant proof may include prior wills and codicils, drafting records, witness testimony, medical records, correspondence, financial documents, and information about relationships or dependency. A codicil is a document that changes or supplements an existing will.
Who Can Challenge or Defend a Will?
Not everyone who disagrees with an estate plan has standing, which is the legal right to participate in the dispute. A potential objectant generally needs a direct financial interest that could improve if the challenged instrument were rejected. That interest might arise under an earlier will or New York intestacy law, which controls inheritance when no valid will governs the estate.
Beneficiaries, distributees, executors, and other interested parties may have different procedural roles. A distributee is someone who would inherit under intestacy law. If the court rejects the challenged document, it may then consider whether an earlier valid will applies or whether the estate passes under intestacy rules.
Will Litigation in Nassau County Surrogate’s Court
Nassau County Surrogate’s Court hears disputes involving wills and the administration or division of estates. A proceeding may involve reviewing the probate petition, identifying interested parties, responding to a citation, filing objections, examining witnesses, exchanging evidence through discovery, and presenting disputed issues to the court.
There isn’t one universal deadline for every challenge. The applicable procedures and timing depend on the stage of the probate proceeding, the papers served, and the party’s role. Anyone who receives probate papers or learns that a disputed will has been filed should seek case-specific advice promptly.
How to Prepare for Your Initial Consultation
Our first discussion focuses on whether you’re considering a challenge, defending a will, or trying to understand an existing objection. We review the current stage of the proceeding, the documents available, the potential legal grounds, and the practical result you hope to pursue.
Helpful materials may include:
- The current will and any codicils
- Earlier wills or estate-planning documents
- Probate petitions, citations, notices, and filed objections
- Family and beneficiary information
- Relevant correspondence and financial records
- Available records concerning execution or capacity
Some evidence may need to be obtained from other parties, witnesses, financial institutions, or medical providers. We can identify what information is still needed and explain how each procedural option relates to the evidence and your goals.
Discuss a Disputed Will With Our Attorneys
Whether you’re considering an objection or responding to one, early legal review can clarify your position before you act. Our estate-planning and elder-law perspective, judicial experience, and direct attorney communication allow us to evaluate both the legal and family issues involved. Contact Kirshblum Taber PC to discuss the documents, known evidence, family relationships, and current status of the proceeding.
Call (516) 908-8842 to schedule an initial consultation with our will litigation attorneys serving Nassau County.
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“David and Orly are the definition of a DREAM TEAM!!”
Dedicated and Experienced Legal Professionals
Our lawyers serving Nassau County bring a unique background of experience. Attorney David A. Kirshblum, Esq. is a retired judge who has spent over 24 years on the family court bench, including presiding over cases involving Sean “Puffy” Combs, Al Pacino, and Mick Jagger.
He has also written decisions that have been affirmed by the NYS Appellate Division. Having been on the judicial side of the law, Attorney Kirshblum has a unique perspective that can prove advantageous to strategizing against the other side.
Further, while Attorney Kirshblum handles the family law side, Attorney Orly Taber, Esq. has significant experience with estate planning and helps clients, particularly the elderly, with estate matters and ex-spouse property disputes.
She is an energetic and client-focused lawyer who helps build estate plans that safeguard your personal and material interests.
Both Nassau County lawyers at Kirshblum Taber PC are experienced and professional advocates who treat their clients with respect.
Schedule an initial consultation with our attorneys by calling (516) 908-8842 today to get started on your case.
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