Contested Wills in Albany, New York

Find the right Contested Wills attorney in Albany, NY

It is possible, in Albany, New York, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, testators leave out of their wills people who might naturally expect to inherit a significant portion of the testator's estate (spouses and children, for example). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the main reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

You should remember that a will contest often results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Albany, New York?

There are several reasons that a court in Albany, New York might invalidate a will.

For example, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Albany, New York, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Albany, New York Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a good Albany, New York wills and estates attorney can minimize these problems, and make the process as painless as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Albany

Albany is the capital city of New York State, and the county seat of Albany County. Albany, New Yorkis a medium-sized city, boasting a population of just under 100,000 people.

In 1908, Albany, New York opened one of the first commercial airports in the world, which served as a precursor to the Albany International Airport, which officially opened in 1920, and has been in continuous use since them.

Also, Albany, New York has a rich arts scene, with several renowned artists calling it home, along with some successful galleries. At the beginning of the spring season, Albany hosts an annual tulip festival, a popular regional event.

Albany is also a diverse city, with residents from a wide range of backgrounds. Albany's thriving artistic community, at least in part, owes its existence to this diversity.

New York is home to several nationally-renowned law schools, including New York University, and Columbia University,as well as some less-known law schools, which are very well-respected locally. Because of this, there is no shortage of Albany, New York lawyers.

Whatever legal problem you might have, it's likely that you can find a competent Albany, New York lawyer, at a fair price.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH