When Can I Contest A Will In New York
Jack Weissman • September 6, 2022
A last will and testament is a written document that sets out how someone's estate should be distributed after their death. However, just because a will exists doesn't mean its terms should always be followed. Before the courts grant probate and allow the executor to distribute the estate according to the testator's wishes, interested parties have the chance to contest the will.
To challenge a will, you must show you have a legal reason for questioning its validity – here are the five main grounds for contesting a will in Brooklyn, New York.
1. Revocation
If someone wants to change their will or revoke it, they can do so at any time. Wills can normally be revoked by:
- destroying the current will;
- crossing out their signature on the current will; or
- signing a new will.
The newest will should prevail, as it's the most recent statement of the testator's wishes. So, it's possible to show that a will is invalid if you can prove a more recent version exists.
2. Improper Execution
A will is only properly executed if the following requirements are met:
- The testator signs the end of the will document.
- They confirm to two witnesses that this is their last will and testament.
- These individuals witness the testator's signature.
- They sign the document at the testator's request.
The will could be declared invalid if these conditions are not met. So, for example, the will may not be valid if the testator signs the start of the document rather than the end, or they sign the document without any witnesses present.
If an attorney witnesses the will, then there's a presumption that it's valid, but it may still be challenged.
3. Lack of Capacity
To create a valid will, the testator must understand at the time of the will's creation:
- who their relatives are;
- what property they own; and
- what it means to make a will.
If the testator was senile or lacked "sound mind," it's possible to challenge the will on mental capacity grounds. To prove lack of capacity, you must show that, for example, the testator didn't understand what they were signing or they didn't recognize their heirs.
It's not uncommon for individuals to challenge a will if the testator suffered from a dementia disorder such as Parkinson's or Alzheimer's. However, what's important is the testator's mental capacity at the time they made or changed their will. Even if the testator has a dementia disorder, or a mental illness, the will is valid if they were lucid for that short period of time and understood they were making a will.
Proving mental incapacity will most likely require medical evidence, but your NY wills attorney can explain what is required based on the facts.
4. Undue Influence
In an estate context, placing undue influence on someone means persuading them into drafting a will in a certain person's favor. Typically, the individual is someone close to the testator, and the family has no knowledge of what happened until they learn about the will.
Proving undue influence in Brooklyn, New York, usually means relying on circumstantial evidence, such as:
- How much the testator relied on the individual
- Testimonies from friends and family
- The testator's state of mind when they made or changed the will
It's not enough just to show that someone influenced the testator – you must show that the testator relied on the individual to the point they felt compelled to draft the will in a certain way.
Duress
Duress is similar to undue influence, although it often involves threats or violence rather than manipulation. Proving duress means showing that:
- someone coerced the testator or placed them under extreme pressure to make certain gifts in the will; and
- the testator would not have made these gifts if they were not coerced or pressured into doing so.
For example, if someone threatened to evict the testator from their home, unless they left them a gift in the will or they threatened the testator with violence, this may be considered duress.
Proving duress is challenging without hard evidence, e.g., voicemails or emails threatening the testator. An experienced wills attorney in Brooklyn, New York, can determine if there's enough evidence available.
5. Fraud
A challenge based on fraud means proving that someone deceived the testator into making or changing a will. Here are some examples of what might be considered fraud.
- The testator is duped into signing a will, thinking they were signing another document.
- A person forges the testator's signature on the will.
- Someone induces the testator to make or change a will to benefit a certain beneficiary.
Again, it's not easy to prove fraud, but a wills attorney can advise if you might have a fraud claim.
Who Can Challenge a Will in New York?
Only certain individuals have the legal standing to contest a will in New York. Those individuals are:
- The person's heirs, or "distributees," who should inherit less under the new will than they would if no will existed at all
- The "beneficiaries" of a previous will who should inherit less under the current will if it is declared valid
What Happens If the Will Is Deemed Invalid?
An invalid will won't be granted probate. Instead, the court divides the estate based on intestacy rules – these are the laws that apply when there's no will in place.
Sometimes, the court will declare certain clauses or provisions invalid rather than the entire will. In these cases, the remainder of the will still applies and the invalid provisions are ignored.
Get Help From an Estate Planning Attorney in Brooklyn, New York
If you're concerned about a will, the first thing to do is contact an estate planning attorney. An experienced lawyer can determine if you may have grounds for contesting a will in NY, and if you have a claim, they'll help you through the legal proceedings involved.
For advice and assistance from an estate planning attorney, contact Law Office of Jack Weissman
online or call 929-207-5553
today.
When it comes to addressing the needs of a loved one who can no longer manage their affairs, the legal system can feel overwhelming. Conservatorships, while essential in protecting vulnerable individuals, involve intricate processes that often leave families with more questions than answers. At the Law Office of Jack Weissman, we understand how sensitive and emotionally charged these situations can be. Whether you're considering establishing a conservatorship or simply seeking to understand what it entails, our team is here to provide the guidance and clarity you need. This blog will unpack the essentials of conservatorships in New York, giving you the tools to make informed decisions confidently. What Is a Conservatorship? A conservatorship is a legal arrangement in which a court appoints an individual, known as the conservator, to manage the personal and/or financial affairs of someone unable to do so themselves (the conservatee). In New York, conservatorships are often used to protect elderly individuals or those facing significant physical or mental health challenges. There are two primary types of conservatorships: Personal Conservatorship: Focuses on managing non-financial matters, such as healthcare, housing, and daily living needs. Financial Conservatorship: Involves overseeing assets, income, and financial obligations to ensure the conservatee’s resources are handled responsibly. The court tailors each conservatorship to the specific needs of the conservatee, balancing protection with their right to retain as much independence as possible. How to Establish a Conservatorship in New York The process of setting up a conservatorship involves several legal steps: Filing a Petition: This legal document outlines the reasons for requesting a conservatorship and includes medical evaluations demonstrating the individual’s incapacity. Court Hearings: The court reviews evidence and hears from interested parties, including family members who may support or contest the petition. Appointment of a Conservator: If approved, the court appoints a conservator and issues an order outlining their responsibilities. Given the legal complexities and potential family dynamics involved, working with experienced attorneys—like those at the Law Office of Jack Weissman—is crucial to handling this process efficiently and effectively. Responsibilities of a Conservator Becoming a conservator is a significant commitment. Depending on the type of conservatorship, duties may include: Personal Affairs: Arranging medical care, managing living situations, and facilitating social interactions. Financial Matters: Paying bills, managing investments, safeguarding assets, and preparing detailed financial reports for the court. Conservators are legally obligated to act in the best interest of the conservatee and adhere to strict court oversight. Mismanagement can result in serious legal consequences, including removal from the role. Rights Under a Conservatorship It’s essential to understand that a conservatorship doesn’t strip away all rights from the conservatee. Courts aim to preserve as much autonomy as possible. For example, someone may retain control over personal relationships while needing assistance with financial decisions. Each case is evaluated individually to ensure the arrangement meets the conservatee’s unique needs without being overly restrictive. Conservatorships can be a lifeline for families seeking to protect their loved ones, but the process requires thoughtful consideration and proper legal support. At the Law Office of Jack Weissman, we are committed to helping families through these legal challenges with care and confidence. Whether you’re exploring the possibility of a conservatorship or seeking alternatives, our team is here to provide compassionate support every step of the way. Contact us today to learn more about your options and ensure your loved ones receive the care and protection they deserve.
The legal requirements of real estate can be daunting when it comes to understanding deed transfers. For property owners in Brooklyn, this process is an integral part of real estate transactions that requires careful attention to detail and a clear understanding of legal implications. Knowing how deed transfers work will ensure you maintain your rights and responsibilities, whether buying or selling property. In this guide prepared by the Law Office of Jack Weissman, we demystify the complexities surrounding deed transfers in Brooklyn to help you make informed decisions.  1. What Is a Deed Transfer? A deed transfer is essentially the process of transferring ownership or interest in property from one party to another. In Brooklyn, as elsewhere in New York City, this involves a series of legal steps that must be meticulously followed to ensure validity and legality. The deed itself is a legal document that includes details about the property owner (grantor), the person receiving the ownership (grantee), and a description of the property being transferred. Common types of deeds used in Brooklyn include quitclaim deeds, warranty deeds, and bargain-and-sale deeds—each with its own set of implications regarding guarantees and liabilities. 2. Reasons for Deed Transfers There are numerous reasons why a property owner might need to execute a deed transfer. These can range from selling or purchasing real estate and changing ownership due to marriage or divorce to gifting property within families or setting up trusts for estate planning purposes. Each scenario requires different documentation and levels of oversight depending on whether there are existing mortgages or liens on the property or if it involves multiple owners. 3. The Legal Process Explained The process begins with drafting the correct type of deed for your situation—a critical step where professional guidance can be invaluable. Once drafted, both parties must sign the document before a notary public; this ensures that all signatures are authentic and legally binding. After notarization, the deed needs to be submitted for recording at the Kings County Clerk’s office in Downtown Brooklyn along with any required fees and accompanying forms such as RP-5217 form used for tax purposes. Recording makes your ownership official in public records. 4. Potential Challenges and Pitfalls Although seemingly straightforward, several challenges can arise during a deed transfer which could lead to disputes or even invalidate the transaction if not properly handled. Possible issues include incorrect descriptions of property boundaries leading to disputes with neighbors over land use; unresolved liens or claims against previous owners; failure to secure necessary permissions from lenders when mortgaged properties are involved; or even clerical errors during recording at county offices, which require correction. 5. Why Professional Guidance Matters Given these potential pitfalls—and their often costly implications—it is highly advisable for Brooklyn property owners contemplating any form of deed transfer to seek professional legal assistance early in their planning process. At the Law Office of Jack Weissman, our team specializes in navigating New York's intricate real estate laws, ensuring our clients' transactions proceed smoothly without unnecessary delays or complications while safeguarding their interests every step along the way. Understanding how deed transfers work is crucial for anyone involved in owning real estate within a bustling borough like Brooklyn, where market conditions change rapidly. Still, regulations remain stringent, ensuring transparency and fairness across the board among stakeholders involved in each transaction. As seasoned investors and first-time homebuyers benefit greatly, knowledge clarity gives them the confidence to manage properties successfully. If you’re considering making changes to your property's ownership structure, don’t hesitate to reach out to us.
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Medicaid planning is crucial for ensuring that you or your loved ones receive the necessary long-term care without depleting your assets. This blog post from the Law Office of Jack Weissman explains the importance of hiring a Medicaid planning attorney in New York. Learn about the complexities of Medicaid, the benefits of professional legal assistance, and how our firm can help you navigate the planning process effectively.
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As we age, it's important to plan for the future and ensure that our wishes are carried out. This is where an elder law planning attorney can be incredibly helpful. In New York, there are specific laws and regulations that govern issues related to aging, healthcare, and estate planning. By working with an elder law planning attorney, you can navigate these complex legal matters with ease and ensure that your loved ones are taken care of in the future. One of the key roles of an elder law planning attorney is to help individuals create a comprehensive estate plan. This includes drafting wills, trusts, and powers of attorney to ensure that your assets are distributed according to your wishes. An experienced attorney can help you navigate the complexities of estate planning and make sure that your loved ones are provided for after you're gone. They can also assist with Medicaid planning to help protect your assets in the event that long-term care is needed. In addition to estate planning, an elder law planning attorney can also help with healthcare directives and guardianship issues. They can assist you in creating advance directives such as living wills and healthcare proxies to ensure that your medical wishes are respected if you become incapacitated. If guardianship becomes necessary due to cognitive decline or other health issues, an elder law planning attorney can guide you through the legal process and help appoint a suitable guardian. Another important aspect of working with an elder law planning attorney is protecting against financial exploitation and abuse. Unfortunately, older adults are often targeted by scammers and fraudsters looking to take advantage of their vulnerability. An attorney can help put safeguards in place to protect against financial exploitation and abuse, ensuring that your assets are safe from those who would seek to exploit them. Planning for the future is essential as we age, and working with an elder law planning attorney in New York can make this process much easier. From estate planning to healthcare directives to protecting against financial exploitation, an attorney plays a crucial role in helping older adults navigate legal issues related to aging. By consulting with the Law Office of Jack Weissman, you can have peace of mind knowing that your wishes will be carried out and your loved ones will be taken care of in the future.
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Planning for the future can be overwhelming, especially when you have a loved one with special needs. One crucial aspect of this planning is setting up a special needs trust to ensure your loved one's financial security and well-being. However, navigating the legal complexities of setting up a special needs trust can be daunting. That's where a specialized attorney comes in. In this blog post, we will discuss the importance of working with a special needs trust attorney in New York and how they can help you secure your loved one's future.  Understanding Special Needs Trusts: A special needs trust is designed to provide financial support for individuals with disabilities without jeopardizing their eligibility for government benefits such as Medicaid and Supplemental Security Income (SSI). These trusts are essential for ensuring that your loved one receives the care and support they need while still being able to access crucial government assistance programs. A special needs trust attorney in New York can help you understand the intricacies of these trusts and ensure that it is set up correctly to meet your loved one's specific needs. Legal Expertise: Setting up a special needs trust involves navigating complex legal regulations and requirements. A specialized attorney who has experience in handling special needs trusts in New York will be able to guide you through the process, ensuring that all legal documents are drafted correctly and that the trust is structured in a way that maximizes its benefits for your loved one. They will also stay updated on any changes in laws or regulations that could affect your loved one's trust, providing you with peace of mind knowing that their financial future is secure. Customized Planning: Every individual with special needs has unique circumstances and requirements, which is why it's essential to work with an attorney who understands how to tailor a special needs trust to meet those specific needs. A special needs trust attorney in New York will take the time to assess your loved one's situation, including their disability, medical care, living arrangements, and future goals, to create a personalized plan that ensures their long-term financial security. Advocacy and Support: In addition to assisting you with setting up a special needs trust, an attorney specializing in this area can also serve as an advocate for your loved one's rights and interests. They can help ensure that trustees fulfill their obligations properly, address any issues or disputes that may arise concerning the trust, and provide ongoing support and guidance as your loved one's circumstances change over time. Peace of Mind: Working with a special needs trust attorney in New York provides you with peace of mind knowing that your loved one's financial future is secure. By entrusting this important task to a knowledgeable professional, you can focus on enjoying quality time with your loved one while having confidence that they will be taken care of financially no matter what challenges may arise. Setting up a special needs trust for your loved one is a vital step towards securing their financial future and ensuring they receive the care they need throughout their lifetime. By working with an experienced special needs trust attorney in New York, you can navigate the complexities of these trusts with confidence and peace of mind. Don't hesitate to seek out professional legal guidance to protect your loved one's well-being today and for years to come.
Navigating the waters of Medicaid eligibility and benefits in New York can often seem like an overwhelming challenge. With the complexity of laws and the ever-changing regulations, it's easy for residents to find themselves lost in a sea of bureaucracy. However, with the guidance of a specialized Medicaid planning attorney, New Yorkers can chart a course towards securing their healthcare future.  For New York residents considering their long-term healthcare options, understanding Medicaid's nuances is crucial. Medicaid offers a vital safety net for many older adults and individuals with disabilities, but qualifying for it requires meticulous planning and foresight. Here lies the importance of consulting a Medicaid planning attorney—a professional who can provide invaluable assistance in preserving your assets while ensuring access to necessary healthcare services. The Labyrinth of Medicaid Eligibility To qualify for Medicaid, applicants must meet stringent income and asset guidelines. These restrictions often prompt individuals to mistakenly dispose of assets, jeopardizing their eligibility. A Medicaid planning attorney specializes in lawful strategies to protect your assets, such as the creation of irrevocable trusts, asset transfers, and converting countable assets into exempt ones. Their expertise shields you from making costly errors and ensures that you maintain the quality of care you deserve. Navigating the Application and Planning Process Filing a Medicaid application is an intricate process, laden with potential pitfalls. An attorney well-versed in Medicaid law can help you prepare and organize the required documentation, represent you during the application process, and advocate on your behalf should any issues arise. By relying on their experience, you'll avoid common mistakes that could delay or jeopardize your application. Protecting Your Family and Estate A Medicaid planning attorney doesn't solely focus on the individual; they work to safeguard the family's financial well-being. Through proper planning, spouses and heirs can preserve their inheritance while the applicant receives essential healthcare services. The attorney's role encompasses advising on spousal impoverishment rules and guiding families on the impact of Medicaid on estate recovery. In the face of convoluted Medicaid policies, New York residents would be well-served to seek the advice of a Medicaid planning attorney. These legal advocates are equipped to navigate the intricacies of Medicaid regulations, offering peace of mind that your assets are protected, and your healthcare needs are met. Indeed, their guidance could be the difference between losing a lifetime of savings to healthcare costs and enjoying a secure future. If you're looking to protect your healthcare rights and financial legacy, turning to a seasoned Medicaid planning attorney is a wise and important step in your journey. Now is the time to take action and secure your future. New York's Medicaid landscape is complex, but with the right attorney by your side, you can rest assured that your healthcare and estate are in capable hands. Don't wait until it's too late—start your Medicaid planning today.
One of the biggest challenges of getting older is the rising costs of healthcare. Millions of Americans rely on Medicaid, the government-funded healthcare program for low-income individuals and families, to cover the majority of their medical expenses. But, did you know you can also protect your assets through careful Medicaid planning? With proper planning, you can secure financial stability for yourself and your family while also ensuring that you receive the quality healthcare you deserve. In this blog post, we will discuss the basics of Medicaid planning in New York and how it can help you protect your assets.  1. Understand the Basics of Medicaid Planning Medicaid is a joint federal and state program that provides healthcare coverage for low-income individuals and families, including older adults. However, Medicaid eligibility is based not only on income but also on assets. In New York, for example, the eligibility threshold for Medicaid is $15,900 in assets for a single person and $23,400 for a married couple. To qualify for Medicaid benefits, you must meet both the income and asset requirements. Medicaid planning is a legal strategy that helps you qualify for Medicaid while protecting your assets from being counted against you. This can be achieved through a variety of methods, including creating trusts, gifting assets, or transferring assets to a spouse. It's important to note that Medicaid planning must be done strategically and in compliance with state and federal laws to avoid penalties or disqualification from Medicaid. 2. Plan Ahead for Long-Term Care Long-term care is a significant expense that can quickly deplete your assets if you don't plan ahead. Medicaid covers long-term care costs, such as nursing home care, but only if you meet the eligibility requirements. With proper Medicaid planning, you can protect your assets and prepare for these expenses. For example, you could set up a trust to hold your assets for your benefit while still qualifying for Medicaid. This can help ensure that your assets are used for your long-term care needs without being depleted. 3. Consult with an Attorney Medicaid planning is a complex legal process that requires careful attention to detail and an understanding of federal and state laws. It's essential to consult with an experienced Medicaid planning attorney who can guide you through the process and help you make informed decisions about protecting your assets. Medicaid planning attorneys can provide invaluable advice and support, from identifying which planning strategies are right for your situation to ensuring compliance with Medicaid laws and regulations. 4. Don't Wait too Long Medicaid planning is most effective when done well in advance, before a crisis occurs. As you age, the likelihood of needing long-term care increases, and waiting too long to start Medicaid planning can limit your options and lead to financial hardship. Ideally, you should start planning for Medicaid at least five years in advance. However, if you haven't done any planning, it's never too late to start. Even if you are already in a nursing home, an experienced Medicaid planning attorney can assist you by developing a crisis plan to protect your assets. In New York, Medicaid planning can help you protect your assets while ensuring that you receive the quality healthcare you deserve. Understanding the basics of Medicaid planning, planning ahead for long-term care, consulting with an attorney, and not waiting too long are all essential steps to protect your assets. With the help of an experienced Medicaid planning attorney, you can develop a plan that meets your needs and safeguards your financial future. Don't wait until it's too late – start planning for Medicaid today.
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