Trust & Will Disputes Attorneys in New Rochelle, New York

When it comes to contesting a will or a trust, we understand that you're dealing with more than just confusing legal issues. You're also likely experiencing intense feelings of personal loss and uncertainty. At Gugliotta & Ponzini, P.C., we can assist you with the legal aspects of any estate administration dispute following the death of your loved one. Our role is to guide you through this process, offering accessible and knowledgeable support and representation every step of the way. 

As seasoned estate planning attorneys, we have a strong understanding of the complications surrounding trust and will disputes. We manage estate litigation matters, including will contests, trust disputes, fiduciary litigation, and more. Contact our team at Gugliotta & Ponzini, P.C., and we’ll lead you to a resolution for your dispute while ensuring your rights and interests are protected. 

Common Reasons for Trust and Will Disputes  

Disagreements over trusts and wills can stem from a variety of circumstances. Often, trust and will disputes involve differing interpretations of a will or disagreements about asset distribution. Here are some common reasons for trust and will disputes: 

• The belief that the deceased lacked mental capacity when drafting the will 

• Concerns about undue influence or duress in the creation of the will  

• Ambiguities or errors in the language of the will  

• Failure to properly execute the will according to legal requirements 

• Disagreements over the valuation of assets  

• Issues with the administration of the estate  

• Disputes among beneficiaries regarding the management or interpretation of a trust  

If you’re facing a dispute related to a will or trust, don’t hesitate to reach out and work directly with one of us on your case, every step of the way.    

Grounds for Challenging a Will or Trust in New York

If you suspect there are valid reasons to challenge a will or trust, you need to act swiftly. In New York, while there's no time limit to contest an estate, there are deadlines for challenging other aspects of the will, such as estate accounts and theft allegations by the executor.  

Grounds for challenging a will or trust in New York include:  

• Mental incapacity: When it is argued that you lacked the mental capacity to make the will at the time 

• Lack of validity: When someone alleges that you did not adhere to all the necessary procedures when creating the will, like ensuring it was signed and witnessed 

• Undue influence: When it is alleged that you created the will under duress due to a compromised mental state and that you were coerced by an individual to distribute your assets in a manner contrary to your true intentions 

• Duress: When an individual asserts that the will was created solely due to being subjected to immense pressure by a person or circumstance, leading to the distribution of property in a manner contradictory to the testator's intentions 

• Fraud: When a person alleges that you created a will due to deception by another individual and that this deceit led to you distributing your assets in a manner contrary to your intentions 

Options to Resolve Disputes  

To resolve trust and will disputes, we understand that one size doesn't fit all. Depending on your unique situation, there are several options available: 

• Negotiation and Mediation: Engage in open discussions and mediation sessions to reach a mutually agreeable resolution that considers all parties involved. 

• Alternative Dispute Resolution: Explore methods like arbitration or collaborative law, which offer more flexible and tailored approaches to settling disagreements outside of traditional court proceedings. 

• Litigation in Court: In cases where amicable solutions cannot be reached, the option of pursuing litigation in court remains available to ensure your rights and interests are protected through legal means. 

Common Misconceptions About Trust and Will Disputes

There are several misconceptions surrounding disputes over trusts and wills that can complicate your understanding and approach to these sensitive issues. It’s important for individuals involved in or considering a dispute to have accurate information. Here are some common myths debunked: 

• Only the Wealthy Have Disputes: It’s a common belief that trust and will disputes primarily affect wealthy families with significant assets. In reality, disputes can arise in any estate, regardless of the size, often driven by emotional factors or perceived injustices rather than the actual value of assets. 

• Disputes Always Lead to Court Battles: Many assume that disputing a will or trust inevitably results in lengthy and expensive court cases. While litigation is an option, many disputes are resolved through negotiations, mediation, or alternative dispute resolution methods, which can be less adversarial and costly. 

• The Process Is Always Quick: The timeline for resolving trust and will disputes can vary greatly depending on the complexity of the case, the approach taken to resolve it, and the willingness of parties to come to an agreement. Some disputes are settled relatively quickly, while others may take years to resolve. 

• Wills and Trusts Are Ironclad: There’s a misconception that once a will or trust is drafted, its terms are set in stone. However, wills and trusts can be contested and potentially altered if errors, ambiguities, undue influence, or other valid grounds are proven. 

• Only Direct Family Members Can Dispute: While direct family members are most commonly involved in disputes, anyone who believes they have a rightful claim or who is negatively impacted by the execution of the will or trust may have grounds to contest. 

Understanding these misconceptions can help individuals approach trust and will disputes with realistic expectations and strategies specific to their situation and objectives. 

Allow Our Attorneys to Assist You

At Gugliotta & Ponzini, P.C., we're not just experienced attorneys—we're your allies. Our commitment to providing compassionate advocacy and clear, straightforward legal guidance sets us apart. With over five decades of combined experience in trust and will disputes, our attorneys, John C. Gugliotta, Esq. and Erina R. Ponzini, Esq., bring a wealth of knowledge to every case we handle.  

We believe in empowering you to move forward with confidence. You'll always communicate directly with us, not just with a legal assistant. Our open lines of communication ensure that you're always in the loop. We've got a proven track record of pursuing solutions and getting results for our clients, even in the most emotionally challenging situations.