Issues with estate plans and their aftermath following the death of the testator happen relatively frequently in New York and across the nation. While many do not reach the level where they are discussed in the public sphere and reported in the news, it is useful to...
Probate Litigation
Preparing and avoiding the potential of estate litigation
When a person in Rochester and throughout New York State prepares for the future and crafts an estate plan, a nightmare scenario is that it will be vulnerable to a will contest. There might be a family member who will consider challenging a will. There are multiple...
The secret to avoiding probate
There is one sure way to avoid seeing your life assets pass through probate - with all the expense and delay and tax liabilities that go with probate. The secret? Don't own anything. There are a number of ways to un-own your home, real estate, bank accounts,...
Challenging a will based on testamentary capacity in New York
When a New Yorker creates a will, there are times when its legality will be challenged. To move forward with a will contest, there must be a good reason to do so. Challenging a will can be very difficult, but when there is a legal dispute, it is not impossible to have...
A trust can be litigated
Many Rochester, New York residents may have heard horror stories about families who go through long waits and a lot of hassle during the probate process and be told that they need a trust in order to "avoid probate." While it is true that having a trust cuts out much...
Famous TV’s stars heirs now locked in court battle
The two sons of Alan Thicke, a well-known actor whose claim to fame was the sitcom Growing Pains, have taken their feud with the actor's widow in to the courtroom. The boys' lawsuit claims the widow is making threats to demand more of the late actor's estate than what...
Representing New Yorkers in business estate disputes
As a previous post discussed, sometimes Rochester, New York, residents can find themselves embroiled in a probate legal dispute, even with other family members and loved ones. Oftentimes, these disputes arise because some heirs or beneficiaries question how the...
Businessman’s estate subject to legal dispute
Although it occurred in another state, a legal dispute that has erupted over a wealthy businessman's trucking empire has important lessons for Rochester, New York residents who may be going through similar estate litigation. This battle is between a brother and sister...
How courts could interpret New York wills
A previous post on this blog discussed how residents of Rochester, New York, can contest a will if they feel they have legal grounds to do so. Indeed, estate litigation, including will contests, can be very important when a person who has a right to an inheritance is...
When probate issues threaten an estate, we can help
Although Rochester residents usually try to plan their estates carefully in order to prevent disputes between family members, the taxing authority or other parties who stand to benefit from an estate, sometimes estate litigation still emerges. It is also not at all...

