How To Contest A Will In New York State

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How To Contest A Will In New York State

If you believe that a will is not valid or has been improperly executed, you may have grounds to contest the will in New York State. In order to do so, you must be an interested party, meaning someone who would be entitled to property or money under the will if it is voided. Here is a step-by-step guide on how to contest a will in New York State.

Step 1: Gather Information About the Will
You should obtain a copy of the will and any other information you can find about it. This may include the date and place of execution, the name of the executor, and the names of the witnesses. You should also research the decedent’s assets to determine how much is at stake.

Step 2: Determine Grounds for Contesting the Will
Under New York State law, there are several grounds that can be used to contest a will. These include lack of testamentary capacity, undue influence, fraud or duress, or lack of proper execution. You must have evidence to support your claim that one of these grounds exists.

Step 3: File a Complaint in Surrogate’s Court
If you believe you have grounds to contest the will, you must file a complaint in the Surrogate’s Court. This is a special court that deals with matters relating to wills and estates. The complaint must be filed within three months of the will being admitted to probate.

Step 4: Serve the Executor and Other Interested Parties
Once the complaint has been filed, you must serve the executor and other interested parties with a copy of the complaint. This must be done within four months of the will being admitted to probate. The executor and other interested parties must then file a response to the complaint.

Step 5: Attend the Court Hearing
The next step is to attend the court hearing. At the hearing, the court will consider evidence and testimony from both sides. The court will then decide on whether or not the will is valid. If the court finds in your favor, the will will be voided and the estate will be distributed according to the laws of intestate succession.

Contesting a will in New York State can be a complicated process. It is important to make sure that you have evidence to support your claim and that you follow the proper procedures. If you are unsure of the process, you should contact an attorney specializing in wills and estates to help you with the process.

What are some grounds to contest a Will

Are you aware of the various aspects linked with a will contest in New York? Do you know what are the different grounds to contest a will? In this video, the expert Elder Law and Probate Attorney in New York – Frank Bruno, shares some valuable information about the will contest. He talks about the different grounds to contest a will. One, if the will is not prepared correctly or is incomplete or faulty in some way. Second, there’s a lack of…

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