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Estate Litigation Archives

Estate litigation pits two older sisters against youngest sister

When an estate plan is created in Rochester and throughout New York State, the goal is for the testator to detail what he or she wants and for the document to result in those desires coming to pass. However, if there are significant assets and would-be heirs who were not given what they believe to be their fair share, it can be the impetus for a court battle and extended legal dispute. It is unfortunate that this happens, but in many cases, there is a justifiable reason for the family members to take issue with how the estate was formulated and to move forward with estate litigation. Having legal assistance from a law firm that is experienced in these matters is crucial.

A legal dispute over an estate requires experienced legal help

The death of a loved one in New York can be difficult enough without legal wrangling as to the contents of their estate. However, it is an unfortunate reality that people will not hesitate to begin a legal dispute over who will receive what. This is not limited to large estates, but it can happen with more modest and small estates too. One certainty regardless of the size of the estate and what it contains is that any legal dispute, will contest or court battle requires help from an experienced law firm.

Challenging a will: Who can do it?

It is an unfortunate reality that when a New Yorker dies, there could be a legal dispute regarding their estate. However, people considering challenging a will might not know who has the right to do so. For example, a person who believes there should have been a bigger share awarded and is unhappy with how the property was allocated cannot simply challenge the will because of that and expect changes to be made.

Legal dispute centers around late artist's estate

The estates of artists can be complex and can lead to many people fighting over them after the person has passed. This is especially true when there were disagreements and dueling assertions as to what the testator wanted. When these issues cannot be solved by examining the documents, a legal dispute is likely. While it is preferable for a testator to take the necessary steps to have a comprehensive estate plan that clearly defines their goals, that does not always happen and a court battle can come about.

Valuable Basquiat painting at center of legal dispute

In New York, a dispute over an estate can come about for many different reasons. One of the most common is if there is an item that is of significant value and parties are in dispute over who should inherit it and whether it should be retained or sold. When a legal dispute arises over these items, it can often call into question whether there was a valid will and can cause disagreements as to what the testator wanted. To avoid this, people should have a comprehensive and well-crafted estate plan.

Legal dispute over man's fortune centers around handwritten will

For New Yorkers who are concerned about a will and its validity, a court battle might be necessary to settle the matter. This is especially true when there are significant assets at stake. With property and a valuable portfolio, it is vital that there be a valid will created so it is clear who the desired heirs are. When this is not done, it can be the foundation for a contentious dispute. When in this situation, it is key for all sides to have a law firm that is experienced in all areas of estate litigation.

Family and spouse in legal dispute over wealthy man's estate

One of the most complex situations in New York regarding an estate plan is when there is a legal dispute. Often, these come about because the testator changed their will to change or remove heirs. For people who are considering a will contest for any reason, having legal assistance from a law firm experienced in estate litigation is key.

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.

  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
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  • November 16, 2018

    Estate plan of late comic book icon a cautionary tale

    Estate planning and proper preparation for the future are key for New Yorkers of all ages and in every financial situation. This is especially true for people who are wealthy, prominent and getting up in years. For people who...


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  • November 08, 2018

    Handling art and sentimental items when estate planning

    Estate planning can be a difficult process for New Yorkers when they are determining strategies to pass along their assets. What can make this even more complicated is when the assets go beyond the basic and tangible to that...


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  • November 05, 2018

    Family conflict often causes more problems than tax rules

    Fights over a loved one’s estate all too often overshadow a family’s ability to grieve their loss. In fact, family conflict is the biggest worry in estate planning today, according to recent survey of professionals at the Annual Heckerling Institute...


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