F.A.Q.

Do I have grounds to challenge a Will?

A supposed Will can be objected to on several grounds including incompetency of the testator, undue influence and fraud. Undue influence frequently occurs when a person is impaired and is pressured by a caretaker to favor that person. Consultation with a skilled and experienced attorney is necessary to determine if there are sufficient grounds to challenge a Will.

What happens if a person dies without ever having done a Will?

If the deceased had his or her home in New York State, then the law of New York usually will control. If, for example, a person dies leaving a spouse and children, the spouse receives the first $50,000 of the net estate and the balance is divided 50% to the spouse and 50% to the children. There are different rules to cover each family situation.

An administrator needs to be appointed to handle the estate. This is done on a petition to the Court done in a proper manner.

What should I do if I am served with papers starting a lawsuit or relating to an estate?

You should consult an attorney promptly. There usually are deadlines which must be met or your rights can be severely prejudiced.

What is a Statute of Limitations?

A Statute of Limitations requires that a lawsuit be started within a specific time period. For example, a lawsuit for breach of contract usually has to be started within six years. A lawsuit started one day too late is usually dismissed.