Probate Litigation

When contesting a Will or defending one that has been offered for probate, a party may incur significant counsel fees. One important question concerns whether the Estate or another party would be responsible for reimbursing this party.

In order to admit a Will to probate with the county surrogate’s office, the original Will, which has the original signatures of the decedent and the witnesses, must be produced. At times, however, the original copy of the Will cannot be located.

After grieving the death of a loved one, the decedent’s heirs of the estate must go through the process of administering the will and distributing the decedent’s assets. In order to accomplish this process, an executor of the estate is typically appointed by the will or the heirs of the… Continue reading →

Although many of us have estate plans well in advance of the time that we pass, it is not uncommon for an individual to die without having a last will and testament. This can often happen if the person who passes is younger, the death happens at an unexpected time,… Continue reading →

While most people who are appointed Powers of Attorney understand their general duty to act only within the best interests of the person for whom they are serving as a Power of Attorney, and to not undertake transactions which solely benefit themselves, most of them do not understand their duty… Continue reading →

This blog will explore the possibility of probating a copy of a Decedent’s Will if the original document cannot be located. Typically, the County Surrogate will only accept for Probate an original of a Decedent’s Last Will and Testament. If for some reason an original of a Decedent’s Will cannot… Continue reading →

When an Executor named under a Last Will and Testament seeks to probate the Will of the Decedent, the original copy containing the original signatures of the Decedent must be submitted to the Surrogate’s Office. What happens, however, if the original copy with the original signatures cannot be located? Under… Continue reading →