Proven New York Estate Litigation Attorney Ready To Fight For You
When a loved one passes away, the grieving process can quickly become overshadowed by legal disputes over the estate’s assets. If you’re facing such challenges, you need an experienced and compassionate New York estate litigation attorney to guide you through the process and advocate for your rights. At the Law Offices of Andrew M. Lamkin, P.C., we have extensive experience in resolving estate disputes with care and precision. We can ensure that your interests are protected.
What Happens to a Loved One’s Estate After They Pass?
There are different ways to handle an estate after the death of an individual. In New York, passing on an estate can include:
- Letting the estate pass according to New York’s intestate succession laws,
- Creating a will that outlines how a personal representative should distribute the assets, or
- Establishing a trust to avoid probate and ensure long-term management of assets.
Proper estate planning through making a will or creating a trust can minimize disputes and ensure the handling of your legacy as intended. While you still have time, speak to experienced New York estate litigation attorney Andrew Lamkin to safeguard your estate and loved ones.
Intestate Succession
When someone passes away without a valid will, New York’s intestate succession laws decide how to distribute the departed person’s (decedent’s) assets. Under these laws, debts are paid, and the remaining assets pass as follows:
- A surviving spouse typically inherits the entire estate if there are no children;
- If the deceased had children and a spouse, the spouse receives the first $50,000 and half the remaining estate, while the children share the rest;
- If there are children but no spouse, the children inherit everything; and
- If the decedent had no spouse and no children, the estate may go to the decedent’s parents or siblings.
These laws can lead to outcomes that don’t align with the decedent’s wishes. If there are questions about the validity of a marriage or whether children making claims on the estate belong to the decedent, fights can escalate quickly. Our New York estate litigation attorney can help you avoid disputes and represent your interests if a disagreement arises.
Wills
For a will to be valid in New York, it must meet specific requirements, including:
- The testator (the person creating the will) be at least 18 years old and of sound mind,
- For the will to be in writing,
- For the testator to sign the will in front of two witnesses, and
- For the witnesses to sign the will and attest to its validity in the testator’s presence.
Under certain circumstances, an unwritten will or one not signed in front of witnesses can be valid. If your family is dealing with a will that doesn’t meet the typical validity requirements, bring the matter to us. Our New York estate litigation lawyer can give you the best chance at enforcing your loved one’s wishes.
Personal Representatives
A personal representative, also known as an executor or administrator, plays a crucial role in managing a decedent’s estate. Their responsibilities include:
- Submitting a will to the court for validation,
- Identifying and valuing the estate’s assets,
- Settling outstanding debts of the estate,
- Filing necessary tax returns, and
- Ensuring beneficiaries receive their rightful inheritance.
The personal representative role demands honesty, diligence, and adherence to fiduciary duties. Failure to meet these standards can result in legal challenges and fights in court.
Get the Support You Need from a New York Estate Litigation Attorney
Trusts
Trusts are powerful tools that dictate how a trustee must handle a decedent’s property. Trusts can simplify asset management, avoid probate, and reduce potential disputes. Many individuals create lifetime trusts to control the distribution of their property after death. Lifetime trusts must be in writing and signed by the trustee, and trust creators must be at least 18 and of sound mind.
Trustees
Trustees manage trust assets and must act in the best interests of the trust beneficiaries. Their duties include:
- Fiduciary responsibilities to act with loyalty, with care, and in good faith;
- Asset management obligations, such as investing and distributing assets according to the trust’s terms;
- Record keeping responsibilities to maintain accurate records of transactions and decisions; and
- Communication obligations to keep beneficiaries informed about the trust’s status.
Trustees who fail to fulfill the above-listed responsibilities may face legal action for breach of fiduciary duty.
As you can see, there are many details in proper estate planning. If your plan isn’t solid, it has many opportunities to derail. Our estate litigation firm can help you avoid undesirable results.
Common Estate Disputes a New York Estate Litigation Attorney Handles
When looking for one of the best New York estate litigation lawyers, look at Andrew Lamkin. He can provide effective representation in a wide range of disputes, including:
- Will contests—challenges to a will’s validity that might stem from claims of undue influence, fraud, or lack of capacity;
- Trust disputes—disagreements over the interpretation, modification, or termination of trusts;
- Breach of fiduciary duty—actions against executors, trustees, or administrators accused of mismanaging estate assets;
- Asset distribution disputes—conflicts over how to divide assets among beneficiaries; and
- Accounting disputes—concerns about transparency and accuracy in estate accounting.
No matter the complexity of your case, our New York estate litigation attorney provides personalized and results-driven representation to achieve the best possible outcome for each client.
FAQ Answers – Estate Litigation
What’s the Difference Between Estate Litigation and Probate in New York?
Generally, probate refers to the legal process an executor goes through to resolve a deceased individual’s estate. Probate is validating a deceased’s will in New York Surrogate’s Court. On the other hand, estate litigation refers to any legal dispute involving the assets of a person who has died. Probate litigation is a specific part or subset of the larger umbrella of estate litigation.
Estate litigation can also refer to the legal process of handling conflicts over distributing non-probate assets, including assets a decedent passes to beneficiaries through a trust or other legal conveyance that avoids probate proceedings. Estate litigation often involves handling conflicts and disputes that arise when the deceased dies, including disputes over property, financial assets, guardianship, and attempts to invalidate a will.
What’s the Difference Between a Life Estate and an Irrevocable Trust?
A life estate and an irrevocable trust ensure property is transferred to the designated party as a part of an individual’s estate planning.
They are two different methods, each with advantages and disadvantages, and often work best in conjunction.
Life Estate
A life estate is one way to gift property. It divides ownership between the giver and receiver. A common use of a life estate is by parents seeking to reduce their financial assets to qualify for Medicaid. In this case, the parent still retains interest in the property during their lifetime. Still, it cannot be counted as an asset for qualifying for state and federal assistance.
Although the gifter retains interest in the property for the remainder of their life, they are generally prohibited from selling it without the beneficiary’s consent.
Irrevocable Trust
An irrevocable trust allows you to place your assets or properties into a trust, but you cannot change, modify, or cancel it except under limited, specific circumstances. In other words, you are essentially relinquishing control of the assets to the trust, and once you die, the assets will be distributed to the beneficiaries. One disadvantage of an irrevocable trust is that the creator relinquishes their rights to the assets.
However, an irrevocable trust has benefits similar to a life estate, allowing you to transfer assets to qualify for low-income programs such as Medicaid.
There can also be tax advantages to an irrevocable trust that an experienced attorney can discuss more thoroughly with you.
In sum, an irrevocable trust is a separate legal entity that assumes ownership of the asset and manages it on behalf of the beneficiaries. On the other hand, a life estate is simply a deed of ownership that allows the gifter to retain partial ownership of a property during their lifetime.
What Is a Qualifying Surviving Spouse?
A qualifying surviving spouse is a term used for tax filing purposes. It allows a surviving spouse to retain the benefits of married joint tax filing status for two years after death. To qualify, the surviving spouse must not have remarried and also have a dependent child.
New York Estate Litigation Lawyer – Here to Protect Your Rights
Don’t let an estate dispute derail your life. If you’re facing challenges with a will, trust, or estate, contact the Law Offices of Andrew M. Lamkin, P.C., today. As a trusted estate litigation law firm, we’re here to provide the guidance and advocacy you need. Call us or fill out our online contact form to schedule a consultation immediately. At the Law Offices of Andrew M. Lamkin, P.C., we’re more than just your New York estate litigation lawyer—we’re your partner in protecting your family’s future.