Each year, it is increasingly common to see claims filed against an estate. This is because many people write their wills and trusts without a knowledgeable estate planning attorney present to help. It may also be due to increasing financial struggles and changing family dynamics. If someone is making a claim against an estate that isn’t valid, it’s important that you challenge the claim in a court of law.
- Know Your Rights: There are a lot of New York estate planning laws, and it’s important to get a solid understanding about whether your challenge has validity. Whenever you want to challenge a claim against an estate, the first thing you should do is talk to a probate attorney. Getting a thorough understanding of your rights will equip you with the knowledge you need to successfully submit your challenge.
- Reasons to Challenge a Claim Against an Estate: When someone passes away, many people will emerge who feel entitled to more money than they’re left. This may include friends, family members, or anyone claiming to be owed debt by the deceased. If someone is submitting a claim against an estate and you don’t think they have a right to the assets they’re claiming, it’s important that you submit a legal challenge in a timely manner.
- The Probate Process: Anyone filing a claim against an estate must submit formal information in writing to the court. They are required to prove the validity of their claim amount in full, and they must also prove that any assets held by the state are not sufficient to pay the debt. If you don’t feel that these requirements have been satisfied, you will work with a probate attorney to submit a challenge.
If you think a friend, family member, or creditor has filed an unfair claim against an estate, contact a New York estate planning lawyer right away. These cases require expert knowledge and extensive experience. To get the legal assistance you need to win your challenge, call the lawyers at the Law Offices of Jeffrey Weinstein for a free consultation at 212-693-3737