After the unfortunate passing of your loved one, you and your family members may want to band together and emotionally support one another during this difficult time. But once your loved one’s estate starts to get administered, you may detect flaws in how it is handled. You may be torn on whether to address these potential issues or stay silent and not rock the boat, so to speak. However, at the Law Offices of Andres D. Gil, PLLC, we urge you to speak up for what you believe is right. This is even if it entails getting your family members wrapped up in probate litigation proceedings. With that being said, please continue reading to learn why you probably should pursue probate litigation and how an experienced Putnam County estate litigation attorney at the Law Offices of Andres D. Gil, PLLC can help reaffirm whether this is a good idea.

Why would I want to pursue probate litigation?

By petitioning for probate litigation proceedings, you are asking the New York State Surrogate’s Court to step in and issue a judgment on how your loved one’s will is to be interpreted or estate is to be administered from this point forward. And you may want to pursue this court intervention for any of the following valid reasons:

  • You have grounds to believe that your loved one was unduly influenced or under duress when drafting and establishing their will.
  • You have grounds to believe that your loved one’s trust is invalid and unenforceable in some way or another.
  • You have grounds to believe that your loved one’s will instructions are too ambiguous to be interpreted correctly.
  • You have grounds to believe that you can exercise your right of election as a surviving spouse.
  • You have grounds to believe that your loved one’s executor or trustee has committed a breach of their fiduciary duty.

Why should I hire an attorney before pursuing probate litigation?

You may feel confident in your argument for probate litigation. But even before you file this petition with the New York State Surrogate’s Court, we recommend that you hire a probate litigation attorney.

For starters, we can listen to your case and determine whether alternate dispute resolutions should be explored first, such as mediation, arbitration, or settlement. From here, we can help you prepare all the relevant legal documents and supporting evidence you require for the discovery phase and the subsequent trial proceedings. Ultimately, we can speak on your behalf throughout the trial and ensure that your legal rights are protected at all times. Overall, we want you to achieve the most fair and just outcome possible.

To better understand your legal rights in the matter at hand, please seek the advisement of a sound and skilled Putnam County estate planning attorney. Please feel confident in knowing that our team at the Law Offices of Andres D. Gil, PLLC has significant experience in handling legal cases just like yours. So call us today.