Contested Wills in Lynbrook, New York

Find the right Contested Wills attorney in Lynbrook, NY

It is permitted, in Lynbrook, 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 there is a considerable amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

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

A court in Lynbrook, New York will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

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.

If a Lynbrook, New York will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Lynbrook, New York Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reliable lawyer in Lynbrook, New York can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Lynbrook

Lynbrook, New York is a village located in Nassau County. In New York, "villages" can be located within towns. In this case, Lynbrook is within the town of Hempstead. Lynbrook currently has a population of about 29,000, according to a 2006 U.S. Census estimate.

Lynbrook has gone through several name changes in its history - it was originally known as Bloomfield, and its name was then changed to Pearsall's Corners. After the town was incorporated in 1911, its name was changed to "Lynbrook," which was created by switching the order of the two syllables in "Brooklyn," which is where many of its original residents came from.

Modernly, Lynbrook is a relatively affluent community, and it attracts residents who are looking for a quiet, residential area to settle down. Its proximity to New York City, however, ensures that residents who want to occasionally experience what a big city has to offer, can.

If you are looking for an attorney, and live in the Lynbrook, New York area, you're in luck. There are plenty of competent and educated Lynbrook, New York attorneys who can help you with whatever legal problem you might be facing.

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