Estate & Trust Litigation
Protecting Fiduciaries, Beneficiaries and Families in Contested New York Estate Matters
Disputes involving a will, trust or fiduciary can place significant assets, family relationships and a decedent’s intentions at risk. These matters may arise before a will is admitted to probate, during the administration of an estate or trust, or when beneficiaries question an accounting, distribution or fiduciary decision.
Abrams Fensterman’s Estate & Trust Litigation attorneys represent executors, administrators, trustees, beneficiaries, heirs, surviving spouses and other interested parties in contested Surrogate’s Court proceedings. We combine substantive estate and trust knowledge with broader litigation capabilities to address both the technical and strategic issues involved.
Our attorneys seek practical resolutions when possible while remaining prepared to pursue discovery, evidentiary hearings, motion practice, trial and appellate remedies when necessary to protect a client’s rights.
The firm also handles related elder law and guardianship matters. We assist clients through offices serving New York City, Long Island, Brooklyn, White Plains, Rochester and Albany, and we also serve clients in New Jersey.
What Should Families Know About Estate and Trust Litigation in New York?
Estate and trust litigation involves disputes over the validity, interpretation, administration or distribution of a will, estate or trust. These cases are commonly handled in New York Surrogate’s Court and may involve competing claims concerning testamentary capacity, undue influence, fiduciary conduct, ownership of assets or beneficiary rights.
Common contested matters include:
- Will contests and objections to probate
- Contested fiduciary accountings
- Claims of undue influence, fraud, duress or lack of capacity
- Proceedings to compel an accounting or recover estate property
- Removal, suspension or defense of an executor or trustee
- Spousal right-of-election disputes
- Trust interpretation and distribution disputes
The appropriate strategy depends on the governing documents, court record, available evidence, fiduciary actions and applicable deadlines. Early review can help preserve documents, identify necessary parties and determine whether negotiation, court intervention or immediate protective relief should be considered.
What Estate and Trust Disputes Do We Handle?
Our attorneys represent clients in matters involving:
- Will contests and probate objections
- Questions concerning testamentary capacity
- Undue influence, fraud or duress claims
- Competing or missing wills
- Trust interpretation and construction disputes
- Objections to estate and trust accountings
- Proceedings to compel a fiduciary to account
- Claims involving fiduciary misconduct or breach of duty
- Removal or suspension of executors, administrators or trustees
- Defense of fiduciaries against claims concerning their conduct
- Recovery of assets belonging to an estate or trust
- Disputed ownership and beneficiary-designation issues
- Spousal right-of-election proceedings
- Beneficiary distribution disputes
- Business-interest, real-estate and tax-related estate disputes
When Can a Will Be Contested?
A will contest challenges whether a purported will should be admitted to probate. A person considering objections should promptly evaluate their legal interest in the estate, the probate filings, the circumstances surrounding execution and the available evidence.
Disputes may concern whether the will was executed with the formalities required by New York law, whether the testator possessed testamentary capacity, or whether the document resulted from undue influence, fraud or duress. Some matters involve competing wills, a missing original will or questions concerning the authenticity of signatures and documents.
How Is Evidence Developed in a Will Contest?
Estate litigation may require careful development of a factual record. Depending on the claims, relevant evidence may include:
- The original will and prior estate-planning documents
- Drafting-attorney and witness testimony
- Medical and capacity-related records
- Financial records and evidence of asset transfers
- Communications among the decedent, fiduciaries and beneficiaries
- Evidence concerning isolation, dependency or control
- Signature, execution and document-authentication evidence
Discovery can include document demands, examinations of witnesses, subpoenas, expert analysis and motion practice. Our attorneys organize the evidence around the legal issues the court must decide.
How Are Contested Estate and Trust Accountings Handled?
An accounting reports the assets received, income earned, expenses paid, transactions completed and distributions made by a fiduciary. Beneficiaries and other interested parties may seek information, request an accounting or object to transactions they believe were unauthorized, imprudent or inadequately documented.
Objections may concern missing assets, improper expenses, fiduciary compensation, investment losses, self-dealing, unequal treatment, delayed distributions or inadequate records. We represent fiduciaries preparing or defending accountings and interested parties evaluating or prosecuting objections.
When Can a Fiduciary Be Removed or Defended?
Executors, administrators and trustees owe legal duties in managing estate or trust property. Allegations may involve failure to account, misuse of assets, conflicts of interest, unreasonable delay, disobedience of court orders or other conduct affecting proper administration.
A court may be asked to compel an accounting, restrict authority, suspend or remove a fiduciary, appoint a successor, direct the turnover of assets or impose other relief. Removal is a serious remedy, and whether it is appropriate depends on the governing documents, applicable law and proof presented.
Abrams Fensterman represents beneficiaries and co-fiduciaries seeking appropriate intervention as well as executors and trustees defending claims and demonstrating compliance with their obligations.
How Can Estate or Trust Assets Be Recovered?
Questions may arise over whether property belongs to an estate, a trust, a surviving joint owner, a business or another individual. Disputes can involve accounts, real estate, business interests, personal property, transfers made before death or beneficiary-designated assets.
Our attorneys represent fiduciaries investigating and pursuing estate property and parties defending legitimate ownership interests. These matters may require financial records, title documents, valuation evidence, witness testimony and coordination with tax, corporate or real-estate counsel.
What Is a Spousal Right-of-Election Dispute?
New York law may provide a surviving spouse with rights that are not limited to the property expressly left to the spouse under a will. Disputes can concern whether an election was timely and valid, which property is included in the calculation, the effect of lifetime transfers and whether marital status or a waiver is contested.
Because these proceedings involve technical rules and deadlines, surviving spouses, fiduciaries and beneficiaries should obtain advice promptly when an election may affect the estate.
How Does Wealth-Preservation and Trust-Planning Experience Support Litigation?
The attorneys in Abrams Fensterman’s Trusts and Estates Department help clients pursue financial security through estate and gift-tax planning, family business-succession planning, and estate and trust administration. Our New York estate-planning attorneys advise individuals and families on wealth-preservation issues, including wills and the following types of trusts:
- Revocable trusts
- Irrevocable insurance trusts
- Grantor retained annuity trusts
- Charitable remainder trusts and charitable lead trusts
- Qualified personal residence trusts
- Intentionally defective trusts
- Asset-protection trusts
- Dynasty trusts
- Supplemental needs trusts
Our attorneys also counsel clients concerning the income, estate and gift-tax treatment of charitable giving. This includes assisting clients with endowments at charitable organizations and the creation of private charitable foundations.
How Can Business Estate Planning Affect a Contested Estate?
Closely held businesses can create significant valuation, control, ownership and succession issues in an estate or trust dispute. Our estate-planning attorneys work with business owners to:
- Structure tax-efficient business-succession plans and buy-sell arrangements
- Create family limited partnerships
- Create qualified and nonqualified retirement plans
- Create captive insurance companies
- Structure buy-sell agreements
- Draft employment agreements
- Implement asset-protection strategies
This background helps our litigation team analyze governing agreements, ownership records, fiduciary decisions and the intended succession of closely held business interests.
What Estate and Trust Administration Services Do We Provide?
We work closely with executors, trustees and beneficiaries to support the orderly administration of estates and trusts. Our attorneys also act as counsel to corporate fiduciaries serving as executors and trustees. We assist individual and corporate clients with:
- Probate of wills and all phases of Surrogate’s Court practice
- Collecting and valuing assets
- Preparing estate and fiduciary income-tax returns
- Preparing fiduciary accountings
- Distributing estate and trust assets to beneficiaries
- Advising on qualified disclaimers and other post-mortem tax-planning devices, including tax elections and allocations
- Representing clients before the Internal Revenue Service and New York State tax examiners in audit examinations involving estate, gift and income-tax returns
This administration experience helps our litigators identify departures from governing documents, evaluate fiduciary conduct and develop remedies that account for the estate or trust’s continuing administration.
What Core Estate and Trust Litigation Matters Do We Handle?
Our attorneys represent clients in estate and trust-related litigation in Surrogate’s Court, including matters involving:
- Will contests
- Objections to trust and estate accountings
- Spousal right of election
- Recovery of assets that belong to an estate
- Removal of fiduciaries from office
When a matter includes closely held businesses, substantial real estate, charitable interests or complex tax issues, our Estate Planning, Corporate, Real Estate, Tax and Litigation attorneys can coordinate their work.
Can Estate and Trust Disputes Be Resolved Without Trial?
Many contested matters are resolved through negotiation, mediation or a court-approved settlement. A negotiated resolution may reduce expense, preserve estate assets, provide certainty and allow families to avoid the delay and emotional burden of trial.
Settlement is not appropriate in every case. Our attorneys evaluate the strength of the claims, the evidence, the value and character of the assets, the needs of ongoing administration and the client’s objectives before recommending a strategy.
Frequently Asked Questions
Who can contest a will in New York?
A person generally must have a legally recognized interest affected by probate of the will. Whether someone has standing depends on their relationship to the estate, the governing documents and how the proposed will changes their interest.
What is undue influence in a will or trust dispute?
Undue influence generally concerns whether improper pressure overcame the person’s independent wishes and affected the challenged disposition. Courts evaluate the surrounding facts, relationships, vulnerability, opportunity and other available evidence.
Can a beneficiary force an executor or trustee to provide an accounting?
Depending on the circumstances, an interested party may request information or seek a court order compelling a fiduciary to account. The available procedure depends on the estate or trust, the fiduciary’s conduct and the stage of administration.
Can an executor or trustee be personally liable?
A fiduciary may face personal exposure for losses or improper distributions resulting from a breach of duty. Liability depends on the governing documents, conduct, resulting harm, defenses and evidence.
What should I do if I suspect estate assets are missing?
Preserve relevant financial records and communications, avoid signing releases without understanding them and obtain advice promptly. A fiduciary or interested party may have options to seek information, an accounting, discovery or recovery of property.
How long does estate litigation take?
Timing depends on the court, complexity of the assets, number of parties, discovery, expert evidence, motion practice and the possibility of settlement. Focused early analysis can help identify the issues most likely to control the matter.
Related Estate Planning, Administration and Elder Law Resources
Speak With a New York Estate & Trust Litigation Attorney
Whether you are seeking to admit or challenge a will, addressing fiduciary misconduct, objecting to an accounting, recovering estate property or defending your conduct as an executor or trustee, Abrams Fensterman can provide experienced, strategic guidance.
To schedule an initial consultation, please contact us:
Long Island: 516-328-2300
Brooklyn: 718-215-5300
White Plains: 914-607-7010
Rochester: 585-218-9999
Albany: 518-535-9477
