will contests Archives

Executors and the value of an estate: what to know

Many wills and estate plans only call for an executor to preserve the assets of the estate. Executors have no obligation to do anything to actively increase the value of an estate’s property and assets. However, as Marketwatch explains, there have been executors who have tried to boost the value of the estate, perhaps because they may end up benefiting from it. However, this is a risk that New York executors should not take, as it could open an executor up to being held liable by the beneficiaries of the estate.

What New York law says about no contest clauses

The possibility of a nasty court battle over a last will and testament motivates some people to stick a “no contest” clause into their wills. If anyone is going to step forward to contest the will, the no contest clause will specify that the contesting individual will be cut out of the will’s provisions. While this seems like a good way to dissuade beneficiaries from going to court over a will, New York law might not uphold such clauses in all cases. 

Understanding “undue influence”

While creating an estate plan is a wise move for any adult living in New York, many people fail to take important steps to plan for their futures and get their affairs in order until they are old or in particularly poor health. This can prove problematic, however, because in some cases, other people take advantage of older Americans who they believe they can easily influence, and they may exploit the trust of an aging American if they think doing so would be to their benefit. At Joseph A. Ledwidge, P.C., we understand that undue influence is a common reason courts may deem a will invalid, and we have considerable experience helping others with similar concerns pursue solutions that meet their needs.

Estate planning could avoid will contests

The aging population of New York is virtually beset upon by messages about how and where to direct estate funds. Sometimes, that persuasion comes from personal acquaintances or family members as well. Here at the office of Joseph A. Ledwidge, P.C., we often see wills that we suspect were directed, at least in part, by this preponderance of over-generalized or unethical advice.

What is undue influence?

One of the common reasons why people contest a will in New York is for undue influence. According to the American Bar Association, undue influence is psychological abuse and why there is no one standard definition, it is typically considered any acts of manipulation that forces a person to take or not take a certain action.

How do you remove an executor?

New York residents who are dealing with matters of wills and estates will also be dealing with executors. However, situations may come up in which you believe an executor of a will or estate should be removed from their position for whatever reason.

Could my beneficiaries contest my will?

Will contests are somewhat common in New York. However, if you were concerned about the enforceability of changes you made to your will, it might help to know that successfully contesting a will often takes a solid legal basis, extensive knowledge of case law and familiarity with the probate process of the relevant jurisdiction. Perhaps most importantly, the court would only consider a few people automatically eligible to formally argue with your decisions. 

What is standing and how does it apply in will contests?

One of the most important questions for challenging a will, or for any civil litigation for that matter, is whether you possess standing. Standing is like the main gateway to pass through to start civil litigation. A New York court wants to know that you have a legitimate interest in contesting the will. If not, the court will not allow you to proceed.

Joseph A. Ledwidge, P.C.
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Jamaica, New York 11432

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Joseph A. Ledwidge, P.C.