Contested Wills in Troy, New York

Find the right Contested Wills attorney in Troy, NY

It is feasible, in Troy, 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.

Nonetheless, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

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

A court in Troy, 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, 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.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

So, you've succeeded in contesting the validity of a Troy, New York will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a Troy, New York Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a seasoned Troy, 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 Troy

Troy is the county seat of Rensselaer County, New York. The city was settled as early as 1787 and currently lists its population at about 49,000 people. Troy is nicknamed "the Collar City" on account of its history of producing shirts, collars, and other types of clothing.

Troy is also famous for its connection with Samuel Wilson, who is thought to be the basis for "Uncle Sam". Uncle Sam is the personified character of America, and he lived near Riverfront Park in Troy. A memorial there commemorates his life and inspiration to the country.

Currently, Troy preserves a great deal of Victorian architecture in the Central Troy Historic District. Another beautiful place to visit is Franklin Plaza, where an elaborately designed ballroom makes formal occasions even more elegant.

Troy is a festive and thriving city. According to recent statistics, the city has not been affected by economic conditions as much as other areas in the nation. Some popular events in Troy include the Troy Flag Day Parade, the Uncle Sam Parade, the Troy Turkey Trot, and Troy Night Out. Residents and visitors alike can catch a glimpse of early American culture simply by being in Troy.

Troy lawyers usually represent their clients at the Troy City Court. Much like Uncle Sam, lawyers in Troy City, New York exemplify the American ideals of justice and equality.

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