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will contests Archives

What is an ABLE account?

There are many things that could go wrong with your estate after your death in New York. You will not be here to deal with them, so you have to plan ahead and do what you can now to try to prevent anyone contesting your will or making changes that would negatively impact the family members you want to ensure are taken care of. One area where you may be concerned is if you have a disabled child. Ensuring he or she is cared for after you die is likely incredibly important, but a will contest could put that care in jeopardy.

Contesting a will over duress

There are different reasons people decide to contest wills, which we have addressed on this blog. For example, some people may believe that a will is not valid or that an executor has not distributed assets appropriately. Our law firm also knows that some wills are contested over allegations that a decedent was under duress when creating their will. Whether you are fighting untrue allegations that a will is not valid for this reason or you believe that your loved one was under duress when working on their will, it is vital to stand firm for your rights.

Disinheriting your kids? Don't leave room for disputes

Last month, iconic comedian Jerry Lewis passed away at the age of 91. As is often the case when it comes to high-profile celebrities and entertainers, his death made national headlines and many people were saddened by his passing. However, his six children may feel something other than sadness, as it was recently revealed that Lewis explicitly excluded them from being beneficiaries of his estate.

Working through a trust contest

On this blog, we have covered a number of topics related to will contests. However, it is important to point out that trust contests also arise and can create serious challenges. If you are dealing with a trust contest, you could be facing various issues. At Joseph A. Ledwidge, P.C., our law firm is very familiar with the emotional strain that trust contests can generate and we know how vital it is for people who live in Jamaica and other areas of New York to do what they can to resolve these matters efficiently, if possible.

Working through the will contest process properly

Unfortunately, there are times when contesting a will becomes necessary. We have covered different reasons for will contests on this blog, such as undue influence. At the same time, Joseph A. Ledwidge also understands that there may be instances where a will is contested on false grounds. Regardless of the nature of your circumstances, it is pivotal for you to work through the will contest process appropriately. For families in Jamaica and all other New York cities, the outcome of a will contest can have a major impact on beneficiaries and even relationships between loved ones, which underlines how pivotal it is to carefully approach this situation.

When you can contest a will

If someone wants to contest a will in New York, there must be one or more valid reasons for doing so. Simply disagreeing with the provisions of the will or believing that he or she should have inherited or inherited more is not sufficient. That person must be an “interested party” and must be able to prove that there are defects in the will or in the circumstances surrounding its creation.

Wills and addressing undue influence

On this blog, we have covered many of the reasons why wills may be disputed, from wills that have been lost to insufficient mental capacity. However, undue influence is another reason why wills are disputed. At Joseph A. Ledwidge, our Queens law firm can sympathize with families who are going through a bitter will dispute. Sadly, disagreements over a will can make life even harder for those who are already dealing with strong emotions after their loved one passed away.

Ensuring your will is valid

if you are preparing to create a will, you could have a myriad of uncertainties and may be stressed out. However, you could find peace of mind and put your concerns to ease by making sure that you work through the process of setting up a will appropriately. At Joseph A. Ledwidge, our New York law firm knows how important it is for people who draft wills to make sure that the wills are valid.

Executors, wills and warning signs

If you have been named as an estate's beneficiary, you may have an assortment of questions related to wills. At Joseph A. Ledwidge, our law firm knows that it can be difficult for beneficiaries to have a firm grasp of their rights, especially for those who are not very familiar with the relevant laws related to an estate. Unfortunately, in Jamaica, and in other New York cities, executors do not always act in good faith. As a result, beneficiaries should keep an eye out for any red flags that an executor is not remaining honest with regard to his or her fiduciary duties.

Reviewing other sources of will disputes

On this blog, we have covered many of the different factors that can play a role in will disputes, such as undue influence. However, it is important to keep in mind that will disputes have many other sources, especially if you are an executor or are a beneficiary who is concerned that assets are not being distributed properly. The New York law firm of Joseph A. Ledwidge understands how frustrating and complex these issues can be for beneficiaries and entire families in Jamaica, and other cities in the Empire State.