Contesting a loved one’s will is never an easy prospect. Probate litigation is difficult for everyone involved and before questioning a will, there are some things of which New York residents should be aware. Firstly, people need to be aware that being left out of a will happens to many people and there is usually a good explanation, but many cases also end up in court, so it’s important to be prepared. Calling a lawyer may be the first step to take.
Contesting a will doesn’t come cheaply. Court costs can add up. Those contesting wills also have to be prepared for emotional turmoil. These types of cases usually pit family members against each other and are extremely stressful, but when someone agrees to probate litigation, he or she likely believes there is a good reason. Litigation is not an easy road.
Many cases settle during the course of litigation. One side may present the other with a settlement offer which may be a way to thwart hefty legal expenses. It also may avoid drawn-out court cases, which are extremely stressful for all involved.
A New York attorney experienced in probate litigation will work with a client to come up with a strategy for each client’s case. A lawyer will make recommendations on how to proceed once reviewing a case. He or she will explain what is involved in contesting a will, along with the time frame in which to do so and the weaknesses and strengths of clients’ cases.