Many times after the death of a family member, the other family members find that they are not beneficiaries of the decedent’s estate, much to their surprise.  Many times only certain family members seem to be inheriting the whole estate to the exclusion of the other family members.  Many times a spouse finds that he or she has been left nothing in the will. Sometimes the decedent leaves the whole estate to a stranger and leaves the family nothing.  Many times the beneficiary designations can be challenged.  If a party feels they are entitled to make a claim against an estate, the party can file a claim against an estate or file objections to probate or administration.  If such a claim is filed it is the fiduciary’s obligation to defend the claim.  There is a limited amount of time to make a claim or challenge a will.

Typical claims against an estate are as follows:

• Will is not valid based on improper execution;
• Will was executed by fraud or under duress;
• An heir was improperly disinherited;
• Will terms are not clear (dispute regarding the construction of the will);
• Will contested by the surviving spouse and election of spousal share;
• Kinship determinations;
• Fiduciary appointment disputes; and
• Claims by creditors against the estate.

“When claims are made against the estate the fiduciary is required to defend the estate.  The fiduciary should have competent legal representation by seasoned lawyers to properly protect the assets of the estate.”

When a claim is made as to improper execution, the allegation is that there was a failure to follow the formalities that need to be followed when a will is drafted.  Some examples of a procedural challenge to a will are that the will was not signed, the will is not an original or the will was not witnessed by two disinterred witnesses.

A challenge can be made against a will when it is believed that the decedent did not have the capacity to make a will, if the decedent executed the will under duress, or if the will execution was procured by fraud, undue influence or inducement by another.

A surviving spouse can challenge a will if they have been disinherited by the decedent or if they have been left less than their statutory share.  A surviving spouse can elect to take what is left to them in the will or their elective share by statute (which is usually one third of the estate). 

A will can be challenged based on there being multiple wills and multiple dispositions for the assets of the estate or a will revocation requiring application of the intestacy statute.

A contested proceeding is sometimes necessary when a decedent has no will and the court needs to determine which family members are entitled to inherit the estate.

A proceeding can also be brought against the estate to compel discovery of the assets and debts of the estate and to determine what actions the fiduciary took that might have impacted on the beneficiary or distributee’s share.

Claims can be brought against the estate by creditors for debts rightfully due. 

“Applications to challenge a will or make a claim have to be made within a tight time frame; claimants cannot afford to delay in seeking legal counsel and being advised as to their rights.”

If a loved one died and you need to distribute the assets, or if you think you may have a claim against the estate, you should consult with experienced estate litigation attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been litigating contested and uncontested estates across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

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