Understanding Probate Litigation in Queens

A judge looking at a laptop

Probate law deals with the administration of the estate of a deceased person. Probate litigation, on the other hand, is a legal process used to resolve disputes that arise during the probate process. In Queens, New York, probate litigation can involve will contests, fiduciary disputes, and creditor claims.

This blog post will provide an overview of probate litigation in Queens, including these common issues. Keep reading!

Will Contests

A will contest is when an individual challenges the validity of a will. There are several grounds for challenging a will, including lack of capacity, undue influence, fraud, and mistakes.

Will contests can be emotionally charged and complicated, as they involve challenging the wishes of the deceased. In this case, it is important to have a probate lawyer who understands the intricacies of probate law to navigate the legal system and protect your interests.

Three women looking at a screen in an office

Fiduciary Disputes

In the context of probate, the fiduciary is usually the executor of the will or the administrator of the estate. A fiduciary has a legal duty to act in the best interests of the beneficiaries and to administer the estate in accordance with the wishes of the testator.

Fiduciary disputes can arise when there is a disagreement between the fiduciary and the beneficiaries over how the estate is being administered. For example, the beneficiaries may believe that the fiduciary is not acting in their best interests or is mismanaging the estate.

Alternatively, the fiduciary may believe that the beneficiaries are not cooperating or interfering with the estate’s administration.

In fiduciary disputes, a probate lawyer can help protect the interests of the beneficiaries or the fiduciary. They can assist in negotiating a resolution to the dispute or represent their client in court.

Creditor Claims

When someone dies, their debts do not automatically disappear. The estate is responsible for paying the debts of the deceased person. Creditors can file claims against the estate to recover the money owed to them.

Creditor claims can be complex, as there may be questions about the validity of the claim or the priority of the creditor’s claim. For example, some creditors may have priority over others, depending on the type of debt and the laws of the state.

A probate lawyer can help the estate navigate the process of paying creditors and resolving any disputes that may arise.

Consult with Ledwidge & Associates

Probate litigation in Queens can be complicated and emotionally charged. Will contests, fiduciary disputes, and creditor claims are common issues that arise during the probate process. Having a probate lawyer Bronx who understands the intricacies of probate law is essential to navigate the legal system and protect your interests.

If you need a Probate lawyer Queens, then get in touch with us at Ledwidge & Associates!

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Understanding Probate Litigation in Queens

Ledwidge & Associates

Ledwidge & Associates, P.C. in New York City has years of experience helping clients create estate plans that fit their needs. We have the experience and resources to handle your critical legal matters with the utmost care and attention to detail.
Understanding Probate Litigation in Queens

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