In this modern world of multi marriages, divorces and step children, Will contests and objections to probate are more and more common!!
There are ways to deal with these conflicts to resolve differences without going to trial. The best advice is for parents to do estate planning, which includes preparing a Last Will and perhaps a Trust document. Preparing a personal letter(s) to heirs explaining one’s intention prior to death is an excellent idea but rarely followed.
A Will challenge can be based on three (3) Theories:
1. The will is defective on its face; the will may be missing essential elements.
2. Incapacity, the deceased did not have testamentary capacity to make a will.
3. Undue influence.
A valid Will must be witnessed by two disinterested parties. A challenge of incapacity must be based on medical records and medical conditions at the time the Will was executed. Undue influence is difficult to prove unless a new will was created in favor of a non-family member when the decedent was ill or infirm. When a conflict arises between siblings, a cross petition and or an objection to Probate/Administration may be filed. Extensive discovery proceeding may uncover clues to the decedent’s testamentary intentions.
In many cases, a resolution may be reached in a court supervised settlement conference. I have extensive experience reaching out of court settlement, resolution of disputes between once “close” family members.
For more information call or email me at 212-693-3737 or firstname.lastname@example.org
LOCATING MISSING ESTATE ASSETS.