Will Contest Attorney

What is a will? A will is a legal document that sets out what you want done with your estate, which includes property, possessions, pets and even your children, when you die. If you die without having made a will, you are said to have died intestate, and what happens to your estate is determined by several factors, including your marital status, whether you had children and which state you live in.

When you die without having made a will, each state has intestacy laws which govern the intestate laws of succession. These intestacy laws are used as the directions for dealing with your estate, in the absence of a legal will. Each state varies, but generally, your property goes to your spouse or the closest blood relative like your parents or your children.

It is commonly believed that only those people who have lots of property or valuable belongings, or those who are very rich, need to make a will. However, it is a fact that everyone needs to make a will. You may not think so, but it is important to make your wishes clear, when you are no longer here to tell anyone.

You might think that you don’t have anything that is worth leaving to anyone, but most people have some things that they would like a particular person to have. Do you have something that belonged to your grandmother that you really want your own daughter to have, to maybe pass down to her daughter when her time comes? Has a special person in your life often admired a particular item in your house? Surely they would love to have this left to them in your will, so they will always have a memento of you?

You may be able to buy a ‘will kit’ that contains broad directions for making a basic will and a blank form on which to do this. While these are often a very good alternative, nothing can compare to sitting down with your family attorney and discussing your wants and wishes as regards your will. The NYC civil attorneys at CivilLawyersFirm have extensive knowledge of the law and can advise you how need to be set out your will and what should be included or omitted. The basic will kits cannot give you this individual and personalized advice.

While you may believe that just a basic will kit fill your needs as far as making a will is concerned, there are so many variations to laws that govern this area. Only an experienced civil lawyer can give you the complete picture and all the pertinent information. These laws can change from time to time and your will may need to be updated. Your attorney keeps up with changes in the law and will be able to help you make any necessary alterations to your will that be become necessary in the future.

So, as you consider the future of your estate, consult a civil attorney for advice and assistance in drawing up your will, and make sure that your wishes are recorded.

In conventional law legal systems, a trust is an agreement and arrangement wherein real, tangible and intangible properties is managed by one person, persons or organizations for the advantage and benefit of another. A trust is produced by a settlor, who hands over some or all of their properties to individuals of their choice, which we refer to as the trustees. The trustees hold legal ownership or entitlement to the trust property but they are obligated to hold the property for the benefit of one or more individuals or organizations, usually specified by the settlor, who hold equitable title. The trustees owe a fiduciary responsibility to the beneficiaries, who are the “beneficial” owners of the trust property. The trust is regulated and managed by the terms of the trust document, which is usually written and occasionally set out in deed form. It is also governed by local law. The trustee is compelled to direct the trust in accordance with both the terms of the trust document and the governing law.

At Bukh & Associates we represent the interests of families in New York and New Jersey probate disputes. Our very able trust lawyers helps trustees, executors, administrators, children and other heirs who have concerns regarding the validity of a will or the administration of a trust. We provide an effective voice in court.

When a family member has concerns about the validity of a will or the administration of a trust, a challenge can be filed in probate court. Some of these claims amount to bickering among heirs and greedy struggles to increase the amount of their inheritance. There are occasions when heirs attempt to execute improperly drafted or revised wills and trusts. At Bukh & Associates Law Firm, we represent families in probate litigation involving:

• Last minute changes of wills
• Executor misconduct – breach of fiduciary duty
• Trustee misconduct – improper administration
• Undue influence by a beneficiary
• Family business succession
• Fraudulent estate planning
• Testator capacity – including Alzheimer’s disease
• Defects in signing and witnessing of wills and trusts

Are you apprehensive about the soundness of a will or the administration of a trust? Our attorneys are qualified and knowledgable in lawsuits involving will contests and other disputes related to estate administration, last minute changes of wills, and family business succession. Contact our Bukh & Associates’ will and trust lawyers in New York and New Jersey. We have English-speaking as well as Spanish, Russian and Polish-speaking lawyers that are ready to help you with your concerns!

Just like a Will, a trust can be challenged if there is proper justification for a challenge. The more immediate your reaction is, the more favorable the outcome will be for you! Waiting can deny you the right to a remedy the situation or it can add complications and additional costs to bringing the matter to the court. If you have doubts or questions regarding how a Will or trust was executed or drawn up, contact the Will and trust contest attorneys at Bukh & Associates Law Firm today!

Disputes to wills are more often than not brought on by family members who think of themselves as cheated out of their inheritance.  A legal encounter may go off if they feel that they have something of value to acquire from the will.  The prosperous and rich, specifically, are prone to these legal differences of opinion due to the amount of properties involved.

You must possess a compelling rationale to contest a will, such as undue influence, fraud, mistake, or loss of mental capacity of the one who authored the will. Simply being disappointed or angry with your inheritance amount is not a concrete basis to challenge a will.  Before a will can be disputed, a legal foundation must be made known for this argument.  This can be shown by one of many different ways including:

• The will maker was not psychologically competent or capable at the time he drafted or signed the will
• The will maker was forced or pressured by someone to give consent on the terms written in the will
• The will maker has another will or trust which trumps the one being contested upon
• The will was not properly witnessed or signed
• The will maker was mistaken or induced by fraud to sign

Upon a victorious challenge, the full will or section of it will be annulled and voided, or a preceding will shall be reinstated. If the entire will is voided, and if there was no prior will, the assets of the deceased are disseminated as if there was no will.

A lot of will contests can be prevented through high-quality drafting and preparation by the will maker and his lawyer.  Individuals who have accrued a substantial and significant amount of assets can avoid will contests by not using such divisive measures such as disinheriting family members or making grand statements, which can set off disagreements and contradictions, and invite disputes.  Using other means, such as trusts, to pass assets will help to decrease the amount of assets written into wills.

If you strongly believe that you have been wrongfully disadvantaged of all or a portion of your rightful inheritance, you must act without further ado to protect your rights.  If you believe that the drafter of the will may have been ineffectual, or unduly influenced by another person, you should also contact an will contest attorney.  An experienced lawyer from Bukh & Associates can inform you of your rights as well as preserve any possible legal remedies you may have as options for challenging a will.  If you wish to avoid possible future will contests a lawyer can help you plan and draft a will to suit your needs.  Bukh & Associates have lawyers that speak fluent English, Spanish, Russian and Polish, so you will definitely find someone who can assist you with your concerns on will contests!