Contested Wills in West Babylon, New York

Find the right Contested Wills attorney in West Babylon, NY

It is feasible, in West Babylon, 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 normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the major 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.

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 West Babylon, New York?

There are various reasons that a court in West Babylon, New York might invalidate a will.

For instance, a will obtained through duress (a threat of harm, typically 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. Nonetheless, 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 fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be really voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If you successfully contest the will in West Babylon, New York, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that typically happen during a person's life. Typically, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a West Babylon, New York Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a reliable West Babylon, 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 West Babylon

West Babylon, New York is located in Suffolk County, New York. The beautiful city is home to close to 45,000 residents, and a very popular place to visit on the East Coast. West Babylon is situated on eight square miles. The city of West Babylon has some famous faces that once called it home, including: Geraldo Rivera and Dan Deacon.

One of the more notable aspects of this city is the West Babylon School District. Comprised of five elementary schools, one middle school, and one high school the district has been the recipient of the Healthiest School in America award. With the stress on education and health it is no wonder that West Babylon has a thriving professional community, and a very active city. From golf courses to running trails to camping excursions, the city has a lot to offer both residents and tourists alike.

West Babylon lawyers are some of the best in the business, specializing in a range of issues to help serve their client. In addition to great lawyers, West Babylon also has fantastic doctors, accountants, and businessman. West Babylon is one well-rounded city!

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