Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

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Estate Litigation Archives

Understanding guardianships, its powers and how to challenge them

In New York, guardianships can be critical to ensure that an elderly or incapacitated person is cared for. Some people have a durable power of attorney drafted so another person will be named as a guardian if the person is unable to care for themselves. Without a durable power of attorney, the court will appoint a guardian to represent that person. A disagreement sometimes arises as to whom the guardian should be and what can be done to change it. Understanding the powers a guardian has and how the guardian is chosen is a foundational aspect to issuing a challenge of the guardianship.

Estate litigation continuous since famed singer's death

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 look at situations in which there is a legal dispute regarding the estate plan of a famous or prominent person. Some of the same circumstances that led to the court battle can apply to anyone. Such is the case with the late performer James Brown.

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 reasons why this could be the case. For example, if the person does not get the assets and property that the he or she believes they are entitled to, a challenge is possible. When the document is created, there are strategies that the testator can take to avoid the will being challenged.

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 will declared invalid if there is a justifiable reason for doing so. Knowing the various aspects of why a will can be contested successfully is important. One issue that might arise is a lack of testamentary capacity.

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 he specifically left her in his estate planning documents and has indicated she will spread negative publicity about the family if she does not get what she wants.

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 personal representative or other designated person is handling the family business.

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 being bullied or taken advantage of by someone else involved in the process.

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Weinstein & Randisi
290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
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