Estate Litigation Attorneys in New Rochelle, New York

At Gugliotta & Ponzini, P.C., we know how challenging it can be to understand the complexities of estate litigation. Most of our clients come to us during a time of intense personal loss, often having just lost a loved one or facing the uncertainty of their own estate planning.  

Our experienced attorneys are here to guide you through this difficult process and provide you with the support and representation you need. We handle all types of estate litigation matters, including will contests, trust disputes, fiduciary litigation, and more. Contact our firm in New Rochelle, New York, to enlist our help today.  

Common Estate Disputes We Handle 

Estate disputes arise from a variety of circumstances, often centering on disagreements over the interpretation of a will or the distribution of assets. One prevalent issue is the contesting of a will, which can occur if beneficiaries believe the document does not reflect the true intentions of the deceased or if there are concerns about undue influence or lack of capacity at the time of its creation. 

Disputes over the valuation of assets are also common, as differing opinions on the worth of property or business interests can significantly impact how an estate is divided. Another frequent point of contention is the administration of the estate, where executors may be accused of misconduct or failing to fulfill their duties with the due diligence required by law. 

Lastly, trust disputes are a substantial area of estate litigation, often involving disagreements among beneficiaries about the management of a trust or the interpretation of its terms. Trustees are tasked with the heavy burden of balancing the interests of various parties, and conflicts can arise when beneficiaries feel they are not being adequately considered or represented. 

The legal framework surrounding estates can be intricate and emotional. At Gugliotta & Ponzini, P.C., we have a deep understanding of the complexities of estate litigation and are dedicated to helping our clients find resolutions that protect their rights and interests.

Contesting a Will 

Challenging a will isn't a straightforward process, but we're here to simplify it for you. You're eligible to dispute a will if:  

• You believe the deceased lacked mental capacity when drafting the will. 

• The will was written under undue influence or duress. 

• There are ambiguities or errors in the will's language. 

• The will wasn't properly executed according to legal requirements. 

If you have grounds to challenge a will, it's important to act quickly. In most states, there's a limited time frame for contesting a will, typically within a few months of the probate process beginning.  

Timeline to Contest a Will in New York 

In New York, there is no time limit to contest an estate. However, there are deadlines for challenging other aspects of the will, such as the estate accounts and theft allegations by the executor. 

Before dividing the estate among beneficiaries, the New York Surrogate Court must accept the will and enter it into probate. The surviving spouse and children are informed of the individual's passing regardless of what the will states. 

The executor needs each of the deceased's heirs to sign a waiver allowing the estate to enter probate, usually not an issue if they are named beneficiaries and had a good relationship with the testator. 

The initial court date is the deadline to challenge the will. What happens afterward depends on various factors. Creditors or those holding debts against the estate have their own deadlines to resolve but cannot challenge the will, only make claims to recoup debts. 

Claims against the estate must be presented to the executor in writing via certified mail, stating why the individual or entity is owed a portion of the estate. It's recommended to consult an experienced attorney for estate defense or making a claim. 

At Gugliotta & Ponzini, P.C., we'll walk you through the entire process, providing guidance on every aspect of the challenge. With us by your side, you won't have to work through these complex legal issues alone. 

Why Choose Us? 

Choosing the right legal representation is critical, and we believe we're the right choice for several reasons: 

• Compassionate Advocacy & No-Nonsense Legal Guidance: At Gugliotta & Ponzini, P.C., we combine compassionate advocacy with clear, straightforward legal advice. We understand that every case is unique, and we approach each one with the personalized attention it deserves. 

• Decades of Combined Experience: Our attorneys, John C. Gugliotta, Esq. and Erina R. Ponzini, Esq., have more than five decades of combined experience. We bring this wealth of knowledge to every case we handle. 

• Comprehensive Legal Advocacy: We are committed to providing comprehensive legal advocacy rooted in our real-world experience. Our aim is to empower you to move forward with confidence. 

• Direct Communication: When you reach out to us, you're talking directly to us—not a legal assistant. We believe in keeping open lines of communication with our clients at all times. 

• Proven Track Record: We have a solid track record of pursuing solutions and getting results for our clients. We're not just about talk—we deliver.