In New York State, in order to contest a person’s Last Will and Testament, the challenger must have the right to do so. This right is known as “standing”.

A challenger has standing under the following circumstances:

  1. When he or she has been named as a beneficiary in the will or a prior will; or
  2. When the challenger would be entitled to a share of the estate had the decedent died without a Will (called “intestacy”). Under the intestacy statute, generally those entitled to object are the closest living heirs of the decedent.

If you are concerned that your Last Will and Testament will be challenged upon your passing, you should confer with your Estate Planning attorney to determine the appropriate plan for you.

For example, an individual who is concerned that his or her will might be challenged may choose to set up a Trust. That way, upon his or her passing there will likely be no reason to probate the decedent’s Last Will and Testament, thus making is more difficult to challenge.

In addition, the Estate Planning attorney may include a no contest provision in your Last Will and Testament. The purpose of this clause is to deter an individual from challenging the Last Will and Testament, since the provision stipulates that if that individual challenges the Last Will and Testament and later loses the challenge, he or she will forfeit any share they may have been entitled to.

If you have questions or concerns about a challenge to your estate planning or Will, please contact us.

 

Kim Christian
Russo Law Group, P.C.
100 Quentin Roosevelt Blvd., Suite 102
Garden City, NY 11530
800-680-1717

 

 

Choosing and working with a law firm can be stressful. Often you don’t know what the process is, what it will cost, and whether the law firm will even be able to help you! To feel confident in your choice, and to know that your confidence is not misplaced, you should look for much more.
Our team of elder law attorneys, estate planning attorneys, and special needs (disability) attorneys have represented the elderly and persons with special needs/disabilities and their families since 1985. In most professional occupations there is no replacement for experience. At Russo Law Group, P.C., our caring and compassionate staff have been involved in literally thousands of cases. Our experience is your protection.
Here are just a few reasons why.

Leave a Reply