Probate Litigation

The Law Office of Tamara I. Jordan, PLLC advocates on behalf of clients in the New York City area and throughout New York who want to ensure that property and wealth are handled in accordance with the desires and instructions of the deceased. If you suspect that a will is fraudulent or invalid, or that an estate is being mismanaged, you have a right to seek remedy in court.

Similarly, estate administrators facing accusations of incompetence or unlawful conduct are entitled to vigorously defend themselves. We represent beneficiaries and executors in estate litigation, seeking favorable resolutions to disputes.

Informed New York attorney guides clients through will challenges

There are several reasons for challenging a will. Whether you are alleging misconduct or accused of it, it is important to understand the legal reasons a will may be challenged:

Lack of capacity

This ground alleges that the testator, the person who signed the will, was not of sound mind at the time the will was created.

Undue influence

A will might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will.

Fraud

This ground alleges that the person who signed the will was deceived about the contents of the document at the time it was drawn up.

Void for vagueness

This ground asserts that the terms of the will are open to conflicting interpretations, and it is impossible to know which interpretation is correct. A challenger can seek to prevent all or part of the will from being implemented.

Executors have a fiduciary duty to manage the assets of an estate according to the decedent’s wishes, for the benefit of the beneficiaries. The fiduciary must act in total accordance with the terms of the will so that assets are not lost due to waste, fraud, misallocation or mismanagement.

Beneficiaries may challenge alleged misconduct and demand a full account of a fiduciary’s actions. At The Law Office of Tamara I. Jordan, PLLC, we have experience on both sides of probate controversies.