Attorney for Contesting a Will in New York City

You have the right to challenge a will in New York. But you need to act quickly. The Surrogate's Court sets strict deadlines. Once those deadlines pass, you lose your chance forever.

Albert Goodwin is a New York estate litigation attorney who handles will contests in Surrogate's Courts across all five boroughs, Nassau County, Suffolk County, and Westchester County. When you call, you speak directly with Albert. He personally handles every case.

Grounds for Contesting a Will in New York

New York law allows you to contest a will on several grounds.

Lack of testamentary capacity

The person who made the will must have understood what they were doing. They needed to know what property they owned, who their family members were, and what the will would do. If they suffered from dementia, Alzheimer's disease, or another condition that impaired their understanding, the will may be invalid.

Undue influence

Someone in a position of trust or power pressured the person into making the will. This often happens when a caretaker, family member, or close friend isolates the person and controls their decisions. The will reflects what that person wanted, not what the person who signed it wanted.

Fraud

Someone tricked the person into signing the will. They may have lied about what the document said. They may have misrepresented facts to change who would inherit.

Improper execution

New York has strict requirements for how a will must be signed. The person must sign the will in the presence of at least two witnesses. The witnesses must sign within 30 days. If these formalities were not followed, the will is not valid.

Forgery

The signature on the will is not genuine. Someone else signed the document and passed it off as authentic.

How a Will Contest Works in New York Surrogate's Court

A will contest begins when you file objections in Surrogate's Court. The executor or the person who submitted the will for probate must respond to your objections. The court then schedules discovery, which is the process of gathering evidence.

During discovery, you can depose witnesses. You can subpoena medical records. You can obtain financial records that show whether someone had access to the person's accounts or exerted control over their affairs. These records often reveal the full story behind a suspicious will.

Many will contests settle before trial. The evidence uncovered during discovery often makes the strength of your case clear. A strong case puts you in a position to negotiate a fair settlement.

If the case does not settle, it goes to trial. A jury decides whether the will is valid. This is one of the few areas of estate law where you have the right to a jury trial in New York.

The Deadline to Contest a Will in New York

You must act within the time allowed by law. After the will is submitted to Surrogate's Court, the executor must send you a citation. You typically have a limited window to respond and file objections.

If you miss that deadline, the court will admit the will to probate. After that, challenging the will becomes far more difficult.

Do not wait. If you believe a will is invalid, contact an attorney immediately.

What Happens if the Will Contest Succeeds

If the court invalidates the will, it looks for a prior valid will. If a prior will exists, that will controls the distribution of the estate. If no prior will exists, the estate passes under New York's intestacy laws. That means the closest living relatives inherit.

A successful will contest can restore an inheritance that was wrongfully taken from you.

Who Can Contest a Will in New York

Not everyone can challenge a will. You must have legal standing. That means you are someone who would inherit if the court threw out the will.

You have standing if you are a spouse, child, grandchild, or other family member who would inherit under New York's intestacy laws. You also have standing if a prior will named you as a beneficiary.

If you were cut out of a will or received less than you expected, you may have grounds to contest it.

Why Clients Choose the Law Offices of Albert Goodwin

Albert Goodwin personally handles every will contest case. He does not pass your case off to a junior associate. When you call during business hours, Albert answers the phone. You get direct access to the attorney who is fighting for your inheritance.

Albert has extensive experience litigating will contests in Surrogate's Courts throughout New York City and the surrounding counties. He understands the procedural requirements, the evidentiary standards, and the strategies that lead to successful outcomes.

If you believe a will is invalid, do not wait. The deadlines are strict and the consequences of missing them are permanent.

Call the Law Offices of Albert Goodwin at (212) 233-1233. Albert will review your situation and explain your options.