What is a “No-Contest” Clause?When executing a will, the testator (the person who is making the will) may choose to include a provision that is designed to keep anyone from challenging the testator’s wishes.
A no-contest clause is an all-or-nothing measure. A beneficiary who is unhappy with what he or she stands to inherit will receive nothing if he/she tries to contest the will.
Qualified estate attorneys at The Law Offices of Newman & Drukman can fully explain your rights as a beneficiary and provide you with guidance if disputes arise over the provisions of a will.
No one wants to contemplate the loss of someone they care for, yet more than 2.4 million Americans die every year – well over 6,000 people daily nationwide. Many of those individuals have taken steps to protect their loved ones and their estates by creating wills that specify how their assets are to be distributed. Unfortunately, the wishes of the deceased don’t always leave everyone satisfied. When issues arise, survivors may be motivated to contest a will. If you have questions about an existing will or need skilled assistance in preparing your own will, a qualified estate lawyer can help.
At The Law Offices of Newman & Drukman, our experienced New York contested will attorneys understand that contesting a will can be an emotionally charged and volatile decision. It is a course of action that demands legal professionals who are both knowledgeable in estate matters and sensitive to the painful issues facing family members and other interested parties in the aftermath of a loss. We also understand that careful consideration must go into the creation of a will that is designed to carry out your wishes. That’s why our experienced estate lawyers take seriously their duty to serve you with respect and to represent your interests diligently and tenaciously.
The New York estate and contested will attorneys at The Law Offices of Newman & Drukman recognize that many people invest their lives in amassing assets with the idea that the money and property they leave behind will provide better lives for their children and heirs. We respect the sacrifices that individuals make to ensure that they provide for those they care for. Our attorneys will work closely with your to explain your rights and your legal options when you have questions about a will.
It is important to understand that there are specific instances in which you may contest a will. In order to do so, you must establish the fact that you have a connection to the document, and that you are harmed or likely to be harmed by its terms. You would have such standing to contest a will if you’ve been named in it, or if you have a valid reason for feeling you should have been included, but were not. You may also be entitled to contest a will if you would have been the likely heir in the event the deceased had left no will. The New York estate lawyers at The Law Offices of Newman & Drukmanhave the experience and knowledge needed to determine whether or not you have legal standing to contest a document.
While you need legal standing to contest a will, you also need a reason to do so. That means you must have the genuine belief that something was seriously wrong in the way the will was executed. Reasons to contest a will include might include such factors as your belief that:
● A mistake was made in writing the will
● The testator – the person whose will is in dispute – was coerced or unduly influenced by someone else
● Fraud has taken place
● The testator wasn’t mentally capable of making decisions and conducting business when they executed the will
When you consult the veteran New York estate and contested will attorneys at The Law Offices of Newman & Drukman, we can fully explain the laws of our state and how they affect your wish to contest a will, create a new will, or modify an existing document. Similarly, if you stand to benefit from a will that someone else is contesting or threatening to contest, our skilled estate lawyers can provide you with accurate advice about your rights. At The Law Offices of Newman & Drukman, our New York estate attorneys are dedicated to protecting your interests and to seeing that you receive the high quality legal representation you deserve during what may be an emotionally trying and upsetting time. You can rely on our compassionate and capable assistance. Call our offices to schedule a confidential consultation: (516) 487-7375. If you prefer, you may contact our firm online to initiate your inquiry.