New York Estate Litigation Lawyer

Losing a loved one is emotionally difficult and dealing with the complexities of his/her estate can be an overwhelming experience. When the intentions of a decedent are clearly stated and legally sound, the process of probate and estate administration should proceed smoothly and without complications. However, in several circumstances, this process can be delayed and result in conflict and litigation. A New York estate litigation attorney from our firm has the experience to assist in these important personal and financial matters.

Assistance with Estate Litigation in New York

The probate and administration process can be disputed when inheritors or other involved parties believe their rights have been denied. A fiduciary or trustee can have his/her performance challenged. A spouse can demand his/her right of election. Wills and trusts can be contested for a variety of reasons. There are serious and complex issues associated with estate litigation. When pursuing a claim, it is crucial to have expert legal guidance that will protect your inheritance and ensure that you receive what is rightfully yours.

With 30 years of experience, Donald Novick and his team understand the emotional and financial complexities involved in estate litigation. Our team has successfully represented clients in claims involving the validity of a will or trust, the administration of trusts and estates and contested accountings. While our first priority is to guide parties to a practical and amicable solution thereby avoiding complications, expense and needless confrontation, we will fiercely litigate on behalf of our clients when necessary.

We understand that tremendous frustration can arise out of this process and go out of our way to guide you through every step of the process. At Novick & Associates we specialize in this area of the law. We have litigated a wide range of issues that arise in these cases and have obtained verdicts, both jury and non-jury in will and trust contests, accounting proceedings and all other estate litigation matters. We can assist you in any estate matter.

Wills / Trust Contests A will can be contested when it is improperly executed, if it can be proven that the testator was senile, delusional or of unsound mind at the time the will was written and signed, or in cases of undue influence being put on the individual, or in cases of fraud. Read more about wills/trust contests...

Contested Powers of Attorney A Power of Attorney can be essential, but this document, as it gives another party legal authority to make decisions, has risks as well. If a power of attorney is abused, there can be serious complications with an estate, through self dealing, embezzlement and other types of mishandling of funds. Read more about contested powers of attorney...

Spousal Right of Election Under New York law, the inheritance rights of a spouse, either husband or wife, are protected. The spouse is entitled to an elective share of the assets after the death of their marriage partner. This is defined as the great of $50,000 or 1/3 of the estate. Read more about spousal right of election...

Contested Accounting / Breach of Fiduciary Duty If an executor, estate administrator or a trustee has caused inappropriate losses to an estate or trust, they could be surcharged for the losses and made to reimburse the estate. It may be necessary to take legal action against an administrator, executor or trustee for breach of fiduciary duty. Read more about contested accounting/breach of fiduciary duty...

Fraudulent Transfers There are cases in which a caregiver, family member or other person has undue influence on another when they were ill, or in a weakened state, either physically or mentally. When transfers of property, bank accounts or other assets are made by the decedent during the final months, weeks or days of their lives, there could be grounds for legal action against them. Read more about fraudulent transfers...

Real Estate Partition Actions The beneficiaries of an estate could inherit property that is owned together. If one or more of the owners want to sell while others do not, there can be a legal issue that must be resolved through a partition action. Read more about real estate partition actions...

Protection of Beneficiary Rights When you, as a beneficiary in an estate, have your rights violated, legal action can be undertaken on your behalf to reclaim your rights and the inheritance that you rightfully deserve. A New York estate litigation attorney from Novick & Associates, PC can assist you to stake a claim to the assets that are rightfully yours. Read more about the protection of beneficiary rights...

Will & Trust Construction When a will or trust is drafted, ambiguous language can lead to serious legal difficulties when the individual passes on. The firm represents individuals in court when these matters are in question and the court must decide. The firm can assess a trust or will to determine if there are ambiguities in language that could favor the interests of our clients. Read more about will & trust construction...

Trust Reformation When a trust was designed to provide tax benefits and then fails to qualify for favorable treatment, it is necessary to present a case for reformation of the trust both in court and/or before the IRS for resolution. If a trust did not provide you with the expected tax benefits, we can assist you. Read more about trust reformation...

Guardianship Proceeding There are countless cases in which an incapacitated individual becomes the victim of a fraudulent transfer, has had an abuse of a power of attorney or other situation that led to a significant reduction in the assets in an estate. Read more about guardianship proceeding...

Wrongful Death Recovery When an individual dies through a negligent act, a wrongful death claim can be filed in civil court. The compensation recovered is distributed to the heirs who had been financially dependent upon the decedent. There can be legal disputes in these issues. Read more about wrongful death recovery...

Wills When there are problems with wills, such as cases undue influence from an attorney, clergy, family member or other person, legal action can be taken to help an individual protect their rights as a beneficiary and to fight to recover any assets of the estate that have been transferred illegally or other such issue. Read more about wills...

Powers of Attorney It is important that you designate the trusted friend or family member to manage your personal and financial affair should you become incapacitated. Without ensuring that you have a power of attorney that names the individual you have confidence will best protect you, your heirs and other matters, serious problems can arise. Read more about powers of attorney...

Living Wills & Health Proxies The aspect of managing your healthcare should you be temporarily or permanently unable to do so is a critical aspect of the processes involved in creating a living will. How an individual chooses to have his or her healthcare managed, including at the end of our lives, is a personal choice, and it should be managed by a trusted friend or family member as you choose. Read more about living wills & health proxies...

Trusts There are a large variety of trusts that provide protection of your assets, and allow them to be property managed and held for the future use of family members. Trusts are often used to avoid the probate process or to minimize estate and income taxes. Read more about trusts...

Guardianship It could become necessary to expedite a guardianship application in order to preserve or recover an incapacitated person's assets. It also could be necessary to ensure that the individual gets proper medical care and treatment. Read more about guardianship...

Accounting Part of the administration of an estate includes a full accounting of the management of the estate or trust for the beneficiaries. These accounting actions can be informal or a formal proceeding, based upon the situation. If you believe you are entitled to an accounting, the firm can assist you. Read more about accounting...

Probate Estate administration is a complex matter, and many people can have interest in the estate, or make claims against it. Expediting the process of estate administration can be of great benefit to the heirs to an estate. The many complexities and problems in probate, including claims, lawsuits, contests and other issues require the highest level of legal counsel to address professionally. Read more about probate...

Real Estate The buying or selling or residential property must be carefully managed by highly competent legal counsel. Real estate contracts should be reviewed carefully and mortgage documents reviewed for accuracy to help avoid future problems, losses and legal issues. Read more about real estate...

Estate Planning for Same Sex Couples The change in state law in 2011 finally recognizes the right of same sex couples to legally marry. In estate planning, the surviving spouse will now have the same rights as other married couples with regard to inheritance. If you are concerned about correctly planning your estate, or need to update your trust, will or other matter, our firm can assist you. Read more about estate planning for same sex couples...

It is important to note the time restrictions (statute of limitations) in estate litigation matters. For example, immediate action is required to contest a will and if not done promptly, you may lose what is rightfully yours. Therefore, it is imperative to obtain expert legal advice as soon as possible.

The attorneys at Novick & Associates are highly experienced in and knowledgeable about all facets of estate litigation. We have litigated cases in the Surrogate's Courts, Federal District Courts, New York Supreme Courts, the Appellate Divisions and the New York Court of Appeals. In addition, Donald Novick has been counsel to the Public Administrator of Suffolk County for more than 25 years.

If you suspect that the transfer of the assets of a decedent has been handled improperly or you are in need of legal assistance in an estate matter, contact a New York estate litigation lawyer from the firm immediately.