A will dispute expert is a lawyer who specializes in estate litigation and whose job is to advocate for beneficiaries. Their goal is to ensure that the deceased’s true wishes are honored and that beneficiaries receive a fair share of the estate. They can also help mediate disputes among beneficiaries or, if necessary, take legal action.

The first step is will dispute experts whether there are grounds to contest the will. If you’re unsure, it’s best to consult an experienced New York will contest attorney. There are many different legal reasons to challenge a will, including the fact that it was not signed properly (handwritten wills, called “holographic” wills, must be witnessed), the testator did not have mental capacity when it was made, or that someone exerted undue influence on the testator.

Will Dispute Lawyers: How to Choose the Right Legal Expert

To formally contest a will in New York, you must file verified objections with the Surrogate’s Court, explaining your specific reasons for challenging the will. This must be done within the statutory timeframe, usually three months from receiving your citation from the court.

After filing the objections, there is a period of discovery during which parties gather evidence for their cases. This may include witness testimonies, medical records and financial documents. The case can then be settled or go to a hearing. Generally, the heirs-at-law—the individuals who inherit in accordance with New York’s intestacy laws without a will—are the surviving spouse, children or their descendants and parents. However, people named in a previous will can be included as well.