The death of a loved one is a distressing time and emotions often run high when it comes to the distribution of their estate. When disputes arise about inheritances, they can cause immense emotional distress and sometimes lead to legal action. An experienced New York inheritance dispute attorney can help families resolve these matters without going to court.
Inheritance disputes can occur when a person leaves behind a will or trust and they are not satisfied with the outcome of the will. A dispute may also occur if there is a lack of a will or the deceased has died intestate (without a valid will). Inheritance disputes can involve a range of issues such as claims made by relatives who feel they have been left out of a will, allegations of undue influence on the testator or accusations that a loved one was not mentally competent to create their will.
Disputes involving property are among the most common types of inheritance dispute. They can be due to a number of factors such as increasing house prices, family breakdowns and re-marriage as well as a perceived inequality between siblings.
It is possible to have a dispute over the sale of a property and this type of case can be resolved through mediation or alternative dispute resolution (ADR). If you are looking for an inheritance dispute solicitor, it is important to choose a law firm with a good track record in this area of practice. An experienced and compassionate solicitor will be able to understand the issues causing the dispute and provide guidance on how to proceed.
One of the biggest causes of an inheritance dispute is a perceived inequality. It is common for one sibling to believe that they have been shortchanged in the will and this can occur if the deceased has children from previous relationships, children born out of wedlock or adopted children. If a claim is made to challenge the will, it is important that this is done quickly because there are strict deadlines.
The courts will consider all of the circumstances of a case and will make a decision based on their judgement. They will take into account the wishes of the deceased, whether they were of sound mind and capacity when he or she created their will and any evidence that may have been presented to support the claim. They will also assess the financial needs of the claimant and the rest of the beneficiaries.
The right to claim an inheritance is governed by state law and the law in some cases can be complex and confusing. Inheritance disputes can be extremely upsetting and stressful for all involved and it is important that you consult an experienced lawyer to assess your case. Oratto has a list of member solicitors who specialise in inheritance disputes and who will be able to discuss your situation with you. You can use our service to connect with an inheritance dispute solicitor instantly.