Contested Wills in Ithaca, New York

Find the right Contested Wills attorney in Ithaca, NY

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

Occasionally, 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 instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If a large amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, particularly if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Evidently, this is something to consider.

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

There are numerous reasons that an Ithaca, New York court might hold a will to be invalid.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Ithaca, 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 Ithaca, New York Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reputable Ithaca, New York attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Ithaca

Named after the Greek island of Ithaca, Ithaca New York is a charming city to live, work, and explore. Home to 30,000 residents, Ithaca is located in Central New York. The east coast city is located on the Southern end of the Cayuga Lake, which provides Ithaca with a moderate continental climate.

Ithaca is most famous for playing home to the Ivy League School, Cornell. Cornell has an undergraduate population of close to 20,000 students and the city is happy to play host to the undergraduate and graduate school campus. Not surprisingly, Ithaca has a very college town feel and a lot of the shopping, food, bars, and main street are tailored to their young students. Cornell also has a top-ranking law school that yields many top lawyers that choose to stay in Ithaca and practice law there. It is no wonder then, that Ithaca lawyers are highly sought after for their legal prowess.

Ithaca is also known for being one of the more culturally liberal towns in America. Whether it is the education, arts, musics, or museums, Ithaca is always on the cutting edge. Ithca is a wonderful town to visit any season.

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