Probate Administration and Will Contests Attorney in Rochester, NY

Probate Administration and Will Contests Overview

When Disputes Arise About the Inheritance

The passing of a loved one is difficult enough without the accompaniment of legal hassles. Whether a client wants to challenge the distribution of assets or has questions as the administrator of an estate, The Trotto Law Firm can help sort through these intricacies.

Will Contests

After a person has died and the will is offered for probate, it is quite common for an interested party to disagree with the way the will was interpreted and the assets distributed. Only those with a valid legal interest can contest a will. These interested parties can include:

• Beneficiaries
• Intestate beneficiaries
• Beneficiaries from a prior will
• Family

For those who feel their inheritance was unfairly denied or reduced, a showing of incapacity or undue influence can result in winning the will contest and restoring their inheritances. Spouses also have an elective share. A spouse who was disinherited can, in most cases, claim 1/3 of the estate and testamentary substitutes.

A will contest is difficult to win and often involves a complex legal proceeding. The Trotto Law Firm can help with these proceedings, aiming to achieve the best results for clients.

Estate Administration

Being the administrator of an estate is difficult due to the high standards of responsibility and accountability. The Trotto Law Firm can help with the administration process and help avoid costly contests and legal proceedings, even if clients are already involved in the probate of an estate.

Generally, there are two main grounds for contesting:

• Lack of capacity: For a legal instrument to be valid, the person executing the instrument must be of sound mind. Without this capacity, the instrument is not valid.
• Undue influence: Undue influence is a moral coercion that destroys the testator’s free will, causing the testator to add provisions into a will that do not reflect his or her true intentions.

There are also claims against the estate administrator directly that claim some kind of breach of fiduciary duty occurred, like mishandling of funds or not distributing funds in a timely manner. For clients who have had these claims made against them as estate administrators, we advise the, of their rights and represent them throughout the process.

Contact

Contact the Trotto Law Firm for help with will proceedings at 866-868-2159.

Other Frequent Case Types

• Child Custody and Custody Modifications in Rochester, NY

Areas of Practice

• Trusts
• Estate Planning
• Probate Administration
• Will Contests