The burdens on a family after a loved one’s death can feel immense. It is a difficult time for those managing both their grief and the legal aspects of an estate. Fearing that your loved one’s final wishes are not being carried out can make the situation even more complicated. Many families wonder what rights they have and what can be done. You may not want to get into a legal battle—it is a common worry that litigation will be costly and time-consuming, or that the effort will be all for nothing in the end.
At Antonelli & Antonelli, however, our experienced estate litigation attorneys can help you and your family resolve your loved one’s estate as effectively as possible. Even if you don’t live in New York, our legal team can be your advocate in court, working to ensure that your loved one’s wishes are carried out and your rights are protected.
Cases Our New York Estate and Trust Litigation Attorney Handles
Estate administration can be different for every family. Your loved one’s estate and final wishes are unique, and issues can arise at any stage in the process. When they do, it can be necessary to pursue litigation to correct problems. The legal team at Antonelli & Antonelli has years of experience representing clients in court in a wide variety of estate litigation matters, including:
Contested Wills
Contested wills in New York involve legal disputes over the validity or interpretation of a deceased person's will, often arising when beneficiaries or interested parties challenge the document's authenticity, contents, or execution. These disputes can be highly contentious and require thorough legal analysis to navigate. Hiring an attorney specializing in estate litigation in New York is crucial for contesting or defending a will, as they possess the necessary legal knowledge and experience to evaluate the merits of the case, gather evidence, and present compelling arguments in court. Our New York contested will attorneys play a vital role in representing their clients' interests, negotiating settlements, and litigating disputes if necessary, while ensuring compliance with New York's probate laws and procedures.
Contested Trust
Trust litigation in New York entails legal disputes concerning the administration or distribution of trust assets. These conflicts may arise due to allegations of breach of fiduciary duty, mismanagement of trust assets, trustee misconduct or disagreements among beneficiaries regarding their entitlements. Given the intricate nature of trust agreements and fiduciary responsibilities, seeking assistance from a trust litigation attorney is essential. Attorneys specializing in trust litigation possess the expertise to assess the validity of claims, gather evidence, and advocate for their clients' interests in court. They navigate complex legal procedures, including probate court proceedings and mediation, to resolve disputes efficiently while safeguarding the trust's integrity and ensuring the beneficiaries' rights are protected. Our New York trust litigation attorneys play a crucial role in upholding the intentions of the trust creator and achieving a fair and equitable resolution for all parties involved.
Contested Administration
Contest administration in New York deals with legal disputes over the management of a deceased person's estate, often arising from challenges to the executor or administrator's actions. These contests involve allegations of mismanagement or failure to adhere to the will or applicable laws. Hiring an New York estate litigation attorney is essential for navigating these disputes. Attorneys assess claims, gather evidence, and represent clients in negotiations or court proceedings to ensure fair estate administration and protect their rights and assets.
Contested Accounting
When a fiduciary has filed an accounting, a client may believe something is inaccurate and want to object to the account. Contested accounting in New York involves disputes regarding the financial records and management of a deceased person's estate, typically arising when beneficiaries or interested parties challenge the accuracy or fairness of the executor or administrator's accounting. These disputes can stem from allegations of financial mismanagement, improper distribution of assets, or failure to provide adequate accounting documentation. Seeking assistance from a contested accounting attorney in New York is essential in contested accounting matters. Antonelli & Antonelli evaluate the accuracy of the accounting, gather evidence, and advocate for our clients' interests in negotiations or court proceedings. Our expertise in estate law and accounting principles helps ensure transparency, fairness, and compliance with legal requirements throughout the accounting process, safeguarding the rights and assets of the estate beneficiaries.
Wrongful Death or Personal Injury Compromise Proceedings
If your loved one died as the direct result of another person’s negligent behavior, it can be possible to hold that person accountable. A wrongful death lawsuit seeks compensation from the responsible person that can cover lost wages, emotional distress, and more.
Wrongful death or personal injury compromise proceedings in New York involve legal actions pursued on behalf of individuals harmed due to negligence. These cases aim for settlements between the injured party and the responsible party or insurer. Our New York wrongul death attorneys assess damages, negotiate fair settlements, and ensure the injured party's rights are protected. They navigate the legal system to secure compensation for medical expenses, lost wages, and other damages, aiming for a just resolution that provides closure and financial security for the affected individuals and their families.
Kinship Hearings in New York
In certain situations, a person must prove they are related to the deceased and are entitled to inherit in New York. Our legal team can help prove that family relationship and prove your rights in court. Estate inheritance kinship hearings in New York are legal processes aimed at determining the rightful heirs of a deceased person's estate, often occurring in cases of intestacy or disputed wills. These proceedings involve complex research into familial relationships, genealogical records, and legal documentation to establish kinship. Hiring an attorney with expertise in estate planning and probate law is essential for navigating the intricacies of kinship hearings, as they possess the legal knowledge and resources to conduct thorough research, identify potential heirs, provide proof of relations, and advocate for their clients' interests. Antonelli & Antonelli will play a crucial role in presenting compelling evidence, resolving disputes, and ensuring compliance with legal requirements, ultimately striving for a fair and equitable distribution of assets according to New York state law.
Relief Against or Removal of a Fiduciary
At times, the executor or administrator of an estate may not be acting in the best interests of a beneficiary. The beneficiaries may need to force the executor to take some action (such as selling a property), or they may wish to remove the person as executor entirely.
Spousal Elective Share Disputes
In New York, one spouse cannot disinherit his or her spouse. The surviving spouse is entitled to what is known as an elective share. This share is determined by a number of factors, including the value of the estate and the number of children of the deceased.
When Your Family Needs a New York Estate Litigator
All estate matters in New York must pass through Surrogate’s Court. If you or your family need to take legal action against another party or you need to defend your actions, your case will likely head to a hearing in Surrogate’s Court. An estate can be contested at any time during the administration process, but it is frequently the case that executors or surviving family members run into issues at certain times, most often during:
- The appointment of an executor or administrator
- The collection of assets and settling of debts
- The accounting phase
Regardless of which side of the situation you are on, it is typically necessary to state your case before a judge. At Antonelli & Antonelli, our experienced attorneys can be your voice. Our legal team focuses our practice solely on estate matters, so we have an exceptional understanding of estate litigation law and the experience to guide you through the process successfully.
Do You Need The Help Of An Estate & Trust Litigation Attorney In The New York Metro Area?
If you need legal help with an estate issue you should speak with an experienced estate litigation attorney as soon as possible. Contact us online or call our New York City office directly at 212.227.2424 to schedule your free consultation. We proudly serve clients throughout New York and northern New Jersey including Brooklyn, Manhattan, Queens, Staten Island, The Bronx, Nassau County and Westchester County.
