Are you thinking of filing a legal suit challenging the validity of a will or trust? Have you been appointed under the will or trust as a fiduciary and are seeking to defend the will. In either case you need competent, experienced legal counsel to assist you in addressing the various complex issues that may arise.
I am a will contest attorney in New Paltz, New York, and I have significant experience representing clients who are either the proponents of the will or trust in question or are contesting the will or trust.
Whether seeking to uphold or defeat the will or trust, I will bring to the fore my years of experience to develop the best possible strategy to fulfill your goals.
A will may be defeated for several reasons including lack of capacity or undue influence. Lack of capacity is found when a testator was not aware of the nature and extent of his or her assets and is not aware of the “natural objects of his or her bounty” or, in other words, who his or her family consists of. Undue influence is where a testator is influenced in such a way that the will that is ultimately executed is not a statement of the testator’s intent, but that of the person who exercised the undue influence.
For those considering challenging a will or trust, I will often recommend that we undertake a court-authorized review of both the files of the attorney who prepared the will and take a deposition, under oath, of the drafting attorney as well as the witnesses to the will before objections to probate are filed. I may also want to review the decedent’s medical records at or about the time the will was executed to determine the decedent’s testamentary capacity. Following that review, I will make you recommendations on the strength of your case and how best to proceed.
Call me at 845-255-4400 or email me at firstname.lastname@example.org to arrange an initial consultation to discuss the will at issue and your legal concerns.