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The probate administration process

Probate litigation is one of the things that a well-planned estate is intended to avoid. However, the best laid plans of mice and men often go awry and probate litigation or a probate dispute is unavoidable. Probate litigation may involve the contestation of an individual's last will and testament. Whether you are defending against a contestation or pursuing one yourself, it is vital to know what your legal rights are in the process and this is where the law firm of Weinstein Randisi can help.

In addition to will contestations, probate litigation might also involve the process of appointing a personal representative of an estate, challenging a single provision in a will, or simply challenging the entire will.

Probate disputes might involve claims about the unfit mental capacity of the decedent when the will was drafted. Claims may also cite undue influence, interference with an expectancy, duress or improper signing of a will.

Following the receipt of a Notice of Administration regarding heirs and potential heirs of an estate only have a specific period of time within which to object to the terms of the probate proceedings. If no pleadings are filed to contest the probate proceedings within this time, individuals will be forever barred from pursuing such an action.

It is valuable for New York residents to familiarize themselves with the probate administration process before getting involved with such litigation. Even more so, it is valuable that individuals familiarize themselves with their own unique situations to ensure they know what their rights are, whether they are defending or prosecuting a probate-related lawsuit.

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    --David and Ajia Cherry, Fairport
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