A Long Island probate attorney can provide help in defending a will in situations where the will is contested. The executor of the estate should hire a probate attorney to provide assistance in defending a will so the wishes of the deceased can be respected.
Defending a will can be challenging, but Mark S. Eghrari & Associates PLLC has the knowledge and the experience to help ensure that the last will of a deceased person is found to be valid and probated. When a person takes the time to create a will, the deceased person should get to be in control of his or her legacy. We also provide assistance to clients who wish to create a will or other components of a comprehensive estate plan so they can reduce the chances that their own will can be successfully contested.
Defending a Will Contest
The process of defending a will contest is going to vary depending upon the specific challenge which has been made to the will. If the challenger is arguing that the deceased was of unsound mind when the will was created, for example, you will want to present as much evidence as possible to show why the deceased actually was in full control of his or her mental faculties and considered legally competent to make a valid will.
You can present testimony from the doctors of the deceased who may have been providing treatment at the time that the will was created and who can attest to the deceased person’s mental state. You may also be able to present evidence from witnesses who observed the signing of the will and who know the state of mind of the person who wrote it.
An attorney can help you to decide what kinds of evidence are going to be effective at making your case. Different types of arguments raised when contesting a will are going to have to be approached differently as well. For example, a will could be contested not only if the deceased was allegedly of unsound mind, but also if the deceased was coerced into making the will or made the will under conditions of fraud or duress. This is a common claim in situations where someone has left a lot of money to a caregiver or when someone has left a lot of money to a new romantic partner and has not provided for kids or other close family members.
Understanding the arguments for why the will is being contested and crafting the best possible legal strategy are both essential to convincing the court that the will actually is a valid reflection of the wishes of the deceased and should thus be probated. You should get an attorney involved as soon as possible to help you find evidence and prepare arguments if a will is contested.
How a Long Island Probate Attorney Can Help
Mark S. Eghrari & Associates PLLC provides assistance in finding ways to make an estate plan that is likely to result in your wishes being respected. This means that we can help you to follow all formalities for creating a will under New York laws . We can also work with you to include no contest clauses and take other steps aimed at making a will that won’t be challenged or that will stand up to arguments that are made against it.
In addition to assisting with making a valid will, we can also provide you with help considering different alternatives, such as trusts and pay on death accounts, which may be much more difficult or even impossible to successfully contest. Being proactive in preventing a will contest can be the best thing you do for yourself and your heirs.
If a will is already being contested, our legal team will help you to decide what arguments to make to the court and will offer comprehensive assistance in making the most solid legal arguments possible. You owe it to the deceased to do everything you can to make sure that the deceased is allowed continued control over his legacy, so you should get legal help as soon as possible when defending a will.
Contact a Long Island Probate Attorney
To find out more about estate planning tools you can use to reduce the chances of a will contest, download our free estate planning checklist today. For personalized help when a will has been contested, give us a call at (631) 265-0599 or contact us online to speak with a Long Island probate attorney who can help you.