The Stark & Stark Probate Litigation practice provides counsel to parties who seek to contest the validity of a last will and testament due to undue influence, unequal shares in the decedent’s estate, lack of capacity, or exclusion from an estate. We also proffer defenses on behalf of executors who are forced to defend a will that is being contested. Further, we both prosecute and defend actions where it is alleged that an executor breached his fiduciary duty to the estate.
When a party has an issue with a will that has been offered for probate, a will contest may ensue. While contesting a will can be particularly difficult for all parties involved due to the emotional involvement, as well as the complex nature of the litigation, the Stark & Stark Probate Litigation attorneys balance compassion with an aggressive litigation approach.
When contesting a will, or defending a contested will, time is of the essence. Typically, there is only a four (4) month time period (in-state) and a six (6) month time period (out-of-state) to file a claim to challenge a Will after it has been presented to the surrogate’s office. Some common reasons a will is contested include:
The Stark & Stark Probate Litigation group works closely with outside experts to review medical and accounting records, which allows us to obtain and accurately confirm information about the testator and the estate. Our attorneys represent anyone whose interests under a will or trust are in dispute, or anyone who is concerned about the way in which a vulnerable or incompetent relative’s estate is being managed. We litigate business and partnership issues that need to be resolved in probate court, as well as familial disputes with respect to a testator’s will and handle estates of all sizes, from less than $200,000 to tens of millions of dollars.
*Results may vary depending on your particular facts and legal circumstances*
*Results may vary depending on your particular facts and legal circumstances*
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