
You may experience a lot of unraveling emotions upon hearing the news that your loved one has sadly passed away. But what may make this all the more difficult to digest is if the reading of their Last Will and Testament does not go as you expected. That is, if you were left with nothing, even though they assured you that you were an intended beneficiary while they were still alive. With this, you may feel inclined to file a petition to contest their will. Read on to discover how to contest a will with the Surrogate’s Court and how a seasoned New York City estate litigation attorney at Zimmet Law Group, P.C. can help your loved one’s estate be administered in the way they originally intended.
For what reasons can I dispute a will?
Importantly, you cannot dispute a will simply because you disagree with the terms and conditions set out by your loved one. Rather, there must be a critical issue within this legal document that you must be attempting to bring light to and rectify. Without further ado, below are potentially valid grounds to contest a will with the New York State Surrogate’s Court:
- Undue influence: with this, you may argue that an external party used excessive persuasion to convince your loved one to make an estate planning decision that does not reflect their personal wishes.
- Lack of capacity: with this, you may argue that your loved one did not possess the mental capacity to make a sound estate planning decision and understand the extent of its consequences.
- Invalid execution: with this, you may argue that your loved one did not sign their Last Will and Testament in the presence of two witnesses, as required by New York State law.
- Fraudulence or forgery: with this, you may argue that an external party hid or destroyed your loved one’s original will and/or forged their signature on their existing will.
How can I contest a will with the New York State Surrogate’s Court?
If you wish to file a petition to contest a will, you must do so with the Surrogate’s Court in the county where your loved one formerly lived. Within this petition, you must outline the grounds for your contention (i.e., undue influence, lack of capacity, invalid execution, or fraudulence/forgery), and supplement it with supporting evidence.
Soon after, there may be a SCPA 1404 examination conducted (i.e., pre-discovery). From here, Verified Objections may be filed with the Surrogate’s Court. Beneficiaries of the estate will be served a summons, a discovery schedule will be set, motions for summary judgment, dismissal, or settlement will be made, and if all else fails, lastly, you will proceed to trial.
We hope that this blog offers the insight you were searching for. For more information, we encourage you to contact a competent New York City estate planning attorney from Zimmet Law Group, P.C. today.