Hudson Valley, New York, Probate Litigation Attorney
Probate litigation involves the dispute over a will or a will contest. Whether you are seeking to defend the validity of a will or you are interested in pursuing a will contest that questions the validity of a will, our firm has the experience to effectively assert your rights. At Francello & Van Benschoten, we are experienced in handling probate litigation and representing both sides of will disputes.
Probate litigation and will contests can be extremely complex. Whether you are seeking to challenge the validity of a will or assert your rights as an heir, we will help you succeed in court. Contact us for a free consultation.
We often become involved in probate litigation where a will has been written and an heir is disappointed in the distribution of assets. If you have been left out of a will or feel that a will was invalid, we can help you assert your rights in probate litigation. We also have experience representing will beneficiaries defend the validity of a will.
A will can be contested on a number of grounds including the following:
- Undue influence: If an heir believes that the will was drafted with improper influence by another relative or an attorney, they can contest the contents of the will.
- Incompetence: A will can also be contested if it appears that the will drafted when the person was incapacitated or mentally incompetent of consenting to a will.
Will contests and probate litigation can become very complex. Whether you are seeking to defend your rights to benefits or you are challenging the validity of a will, it is critical that you consult with an attorney who has experience working with experts and collecting necessary evidence to support your case. Our firm has significant resources and has experience working in Hudson Valley, New York, forums.
Challenging an improperly drafted will
We are experienced in drafting wills and often apply this practical knowledge in probate litigation. Where a person changes the “natural objects of their bounty,” we make sure that it is clear as to what their wishes are. Where a will is unclear or an attorney has failed to properly draft a will according to law, we can effectively challenge the will in probate litigation.
Our elder law and probate litigation attorney has experience with all of the following probate litigation matters:
- Breach of fiduciary duty
- Undue influence or incompetence
- Heir disputes
Does a parent have to divide assets equally between children?
No. A parent does not have to divide things equally and does not have to give reason for leaving one child out of a will. Sometimes a parent may feel that one child does not need the money or if another was more caring, they may receive all of the decedent’s assets. However, if it appears that a child may have had undue influence over the will, you may be able to challenge its validity. Our attorney will collect necessary facts and information to defend claims regarding will validity and will make sure that the outcome is consistent with the drafter’s intent.
Let us help you prepare for any challenges that the future may hold. Our lawyer and staff are available for evening or weekend appointments and can make home, hospital or nursing home visits as necessary. Contact us today for a free consultation with an experienced Hudson Valley, New York, attorney.
