The loss of a loved one is a stressful time for families. Family members often find themselves in heated disputes over estate matters in the aftermath.

Estate-related litigation commonly arises during the probate process, overseen by New York’s Surrogate’s Court. The most common estate-related litigation involves will contests, alleged fiduciary misconduct, and accounting proceedings.

Lack of Capacity

When someone drafts a will, trust or other legal instruments such as powers of attorney and property transfers, they must understand the effects and implications of those decisions. A lack of capacity can result in the validity of those contracts being contested by family members or other interested parties.

A person’s ability to make decisions can be either permanent or temporary. A permanent lack of capacity can result from dementia, a mental illness or an accident that affects the brain. A short-term lack of capacity can occur when a person is experiencing confusion as a side effect of medication or if they are unconscious.

Proving a person did not have the mental capacity to create an instrument can be extremely complex and requires evidence such as medical records and testimony from witnesses, experts and other relevant professionals. An estate litigation attorney can guide you through bringing such a claim.

Undue Influence

Although undue influence has become a staple of soap opera plots and Hollywood movies, this estate disputes Fort Worth TX, is far more complex and nuanced than many realize. Moreover, it can be difficult to prove when a person suspects that undue influence may have played a role in a Will or trust dispute.

Undue influence generally involves improper persuasion or coercion by one party over another. Frequently, this occurs between family members (like a child and a parent), fiduciaries, or caregivers. The abuser essentially leverages their relationship with the elderly individual to obtain property that would not have otherwise been left to them.

This can involve everything from changing the beneficiaries in a Will or trust to selling property without the deceased’s knowledge. Undue influence can be difficult to detect, especially since the deceased cannot clarify their intentions. It is important to consult an experienced attorney for guidance on this complex subject.

Fraud

When a person close to the deceased steals from their estate, it can leave beneficiaries wondering why they didn’t receive more money. Family members or fiduciaries, such as advisors and caretakers, typically commit fraud.

One example is when a caretaker or friend induces the testator to sign a document under pretenses. For instance, a doctor might place a form in front of a sick patient and tell them that it is a release form, while in truth, it is a forged will that gives the caretaker everything.

It can be challenging to prove a fraud case, especially since it often involves unreadily available private information. An experienced New York estate litigation attorney can assist in collecting and presenting evidence in court. Once a fraud claim is proved, the personal representative or trustee must step down, and a new person must take their place. This can include a backup executor named in the will or the state’s public administrator.

Unfair Distribution

Often, estate disputes arise because of a perceived inequality in the distribution of inheritance. If one child receives a greater share of the assets than another, this may lead to a dispute requiring court intervention.

When a person dies, their estate goes through probate and is ultimately distributed to their heirs and beneficiaries. If the deceased did not create an estate plan, state law will govern how their estate and possessions are distributed.

Challengers seeking to overturn an estate decision must have a strong foundation of solid evidence. They must also prove a claim, such as lack of capacity, undue influence, or fraud.

Equal division of inheritance is only sometimes fair to all beneficiaries. For example, some assets have sentimental value (such as a family heirloom vacation home), and others have practical value, such as income-generating real estate. Equitable/fair division may be better than equal distribution in these cases.