Estate & Trust Litigation Attorney in Long Island
Protecting Your Rights & Wishes of Your Loved One
Estate planning and trust planning are legal methods/strategies designed to address, or even avoid altogether, the many challenges that can arise during probate. However, even with a sound will or trust in place, disputes raised by heirs and/or creditors can create legal issues that require estate and trust litigation. We've all seen the media frenzy surrounding these issues when wealthy celebrities find themselves in this situation. But these cases aren't limited to the super rich and famous.
If you or someone you love needs legal advice and/or representation regarding estates or trusts, contact an experienced Long Island, New York estate and trust litigation lawyer right away. We can help you understand your rights and can ensure that the last wishes of your loved one are respected.
Types of New York Estate & Trust Litigation
Probate is a legal proceeding by which the property and assets of a decedent are collected and distributed to heirs after the payment to creditors and taxes. There are numerous circumstances that can arise which can require estate or trust litigation, including, but not limited to:
- Will and Trust Contests
- Contested Accountings
- Breach of a Fiduciary Duty
- Protection of a Beneficiary
- Surviving Spouse's Right of Election
- Misuse of a Power of Attorney
One of the most common estate disputes is the contesting of a will. Did the decedent possess the capacity to draft the will? Was it drafted in good faith or was he or she influenced by duress or pressure? Was fraud involved? Were amendments made? Does the will contain errors? These are questions that may require litigation to resolve.
Other estate and trust issues that may require litigation surround the fiduciary responsibilities of the executor, administrator and/or trustee. Allegations of malfeasance, mismanagement, conflicts of interest, or failure to properly distribute assets are a few potential scenarios that can come into play. If no will or trust was in place, even more challenging legal matters can exist.
Either way, estate and trust litigation can be an extremely complex and drawn-out process. If you or someone you love is seeking representation for this kind of case, it is really important to go with experience. You don't want a lawyer who only dabbles in this challenging field.
Speak with an estate planning attorney at The Law Office of Michael J. Brescia, P.C. right away. We are litigators with extensive experience in Estate and Trust Litigation. Because of this we can anticipate specific problems and challenges and help you determine the best course of action for your unique situation.
We proudly serve Nassau County, Suffolk County, Westchester County, and Rockland County, including the New York Metropolitan Area of Manhattan, Brooklyn, Bronx, Queens and Staten Island.