Estate Litigation

New York Estate Litigation Lawyer

If inheritors or other parties believe that they are not receiving what they deserve, they may challenge the administration of an estate or the probate process, causing delays and even more complications. This is where our law firm steps in.  We can bring legal insight and direction to any case involving estate litigation.  Our main goal and priority is to defend the family member that is being challenged or fight to ensure that the family member that is being taken advantage of get their rightful share of the inheritance that was intended for them by their loved one and that you get any and all assets that are rightfully yours.

Estate litigation can bring many issues and family challenges into light.  Not only are you dealing with the loss of a loved one, but you are also dealing with family emotions, family decisions that may lead to family members having to deal with legal obstacles and battles regarding their loved ones estate.  For this reason, it is very beneficial to retain the right legal counsel, and hard to find the right attorney, during this emotional and difficult time.  The New York state estate litigation lawyers at The Christine Thea Rubinstein Law Firm can provide the support and legal representation that you and your family need, especially when the concern is estate litigation matters.  We know how emotionally overwhelming this time can be, which is why we are here to ensure that your legal rights and interests in the estate are protected every step of the way.

You will need to act fast for any estate litigation matters, as there are strict statute of limitations on certain areas, such as wills.  If you wait too long to contest a will, you could lose the inheritance that is rightfully yours.  The sooner you obtain legal counsel and guidance, the more secure your inheritance will be.  The attorneys at The Christine Thea Rubinstein Law Firm are not only trained in handling simple estate, will and probate matters, we take care of complex will and living trust estate litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.  Our firm has litigated cases in the Surrogate's Courts, Federal District Courts, New York Supreme Courts, the Appellate Divisions and the New York Court of Appeals.

Questions you should be asking to prevent estate litigation:

  • Will my estate be challenged in court?
  • What can I do now to prevent my estate from being challenged in court?
  • How long should probate of a will take before my family has full access to my assets?
  • How can I be sure my partner will fulfill his obligations under the succession planning we have in place?
  • How long should the administration of an estate take with a trust?
  • If a relative is hiding a will, is there anything that can be done?
  • If a relative is hiding a living trust, durable power of attorney or health care proxy, what can I do?
  • Is estate litigation expensive and how can I minimize the expense?
  • What happens if a person mentioned in the will dies before the testator?
  • I feel like I've been cheated out of my inheritance. Can I challenge the will?
  • My father divorced his first wife, but did not get a chance to change the will. Will she inherit?

The attorneys that are part of the team at The Christine Thea Rubinstein Law Firm have successfully represented clients in estate claims involving the validity of a will or trust, the questionability of a trustee in the administration of trusts and estates and contested power of attorney and contested accountings in wills trusts and estates. While our first priority is to guide parties to a practical and amicable solution, we are not afraid to take matters to court, build a case through the use of forensic accounting and auditing, and aggressively litigate for our clients when necessary.

We have represented clients in many different types of will contests, living trust contests and will contests sometimes in support of a propounded will and on other occasions to object to a will. We have also participated in proceedings to construe and reform wills, in contested accounting proceedings and in tax proceedings.  Our estate litigation team has substantial experience in all the Surrogate’s Courts in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York in New York State, where the firm enjoys a reputation for sound advice, efficiency, and practicality.  Our first and foremost goal will always be achieving the best possible result for our clients.  After taking into account the merits of the positions advanced by respective parties; most times we are able to reach an amicable agreement by all parties and settle such proceedings without trials.

Estate litigation can take many forms.  Some of the kinds of matters the firm has handled include:

  • Probate.
  • Contest of a Will and probate litigation to dispute the validity of wills on the basis of incapacity of the testator, undue influence over the testator, defective execution of the will, forgery, etc.
  • Trust contest / Trust litigation to challenge or defend the construction of a trust or the actions of a trustee.
  • Removal of a trustee.
  • Contested powers of attorney and contested durable power of attorney.
  • Claims proceedings to establish who has a claim on assets of an estate (such as business partners or creditors).
  • Credit shelter trust contest.
  • Revocable living trust contest.
  • Irrevocable living trust contest.
  • Contested accounting / forensic accounting.
  • Breach of fiduciary duty of a trustee.
  • Fraudulent transfer and conveyance.
  • Protection of beneficiary rights.
  • Estate planning for same sex couples.
  • Will construction and trust construction proceedings on behalf of fiduciaries or beneficiaries to clarify ambiguity in a will.
  • Trust reformation.
  • Guardianship proceeding.
  • Fiduciary litigation to challenge the actions of an executor or trustee in managing the financial affairs of the estate or trust.
  • Spousal rights proceedings to question or establish the rights of a spouse to inherit, and to analyze the validity of prenuptial and ante-nuptial agreements.
  • Kinship proceedings to question or establish the inheritance rights of more distant relatives.
  • Powers of attorney and Durable Powers of attorney.
  • Living wills and health proxies.
  • Fiduciary removal proceedings to remove a trustee, executor, or guardian because of misconduct or incompetence.
  • Family Limited Partnership.
  • Special Needs Trust.
  • Spendthrift Trust.
  • Guardianship.
  • Accounting investigation of a trust or will accounting proceedings to challenge or defend the management of an estate or trust.
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About the Website of The Christine Thea Rubinstein Law Firm and the legal information on the screen above: We hope you find this information useful and informative, but it is not the same as legal counsel. A free website is ultimately worth everything it costs you; you rely on it at your own risk. This website and any other website on this legal topic does not substitute real legal advice, face to face with an attorney. Good legal advice includes a review of all of the facts of your situation, including many that may at first glance seem to you not to matter. The plan it generates is sensitive to your goals and wishes while taking into account a whole panoply of laws, rules and practices, many not published online. Speak with an attorney today to help resolve any legal issues that you and your family may be facing.

We are dedicated to your success — so contact us.  Speak with one of our knowledgeable Long Island will and estate planning, living trust estate administration and or litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan.  

Call 1-800-200-1529 today.

Get help with your Estate Plan now be properly prepared for your loved ones with the proper estate plan.  You should know you have certain legal rights and must be very selective of the estate law lawyer or elder law firm that you chose to represent you with your estate litigation.

Call 1-800-200-1529 today.

You should know you have certain legal rights and must be very selective of the lawyer or law firm that you chose to represent you. Have an attorney council you on the right decision for you and your family.

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