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Estate Litigation

 

The Estate Litigation attorneys at McLaughlin & Zerafa are experienced in representing Executors, beneficiaries and those left out of a Decedent’s Will. Unfortunately, there are individuals who will prey on others, taking advantage of a situation for their own financial gain. If someone has taken advantage of your loved one, call the attorneys at McLaughlin & Zerafa.

Our team of Estate Litigation lawyers includes a certified public accountant and other individuals with extensive tax planning and estate tax experience, which bring a unique perspective in evaluating Estate Litigation cases, especially Accounting and Turnover Proceedings.

Our Estate Litigation attorneys understand the unique rules and procedures of Surrogate’s Court and will advise you of your rights and advocate on your behalf.

    Our Estate Litigation services include:
  • Will Contest - Individuals who believe they have been adversely affected by a Will have an opportunity to object to the Probate of the Will in Surrogate’s Court. Depending upon the circumstances, you may have to proceed very quickly to preserve your rights. So do not delay and contact one of the Estate Litigation attorneys at McLaughlin & Zerafa right away.
      Grounds for a Will Contest can include:
    • Lack of Mental Capacity of the Testator
    • Improper Execution / Improper Drafting
    • Fraud
    • Undue Influence
    • Forgery
    • Mistake
  • Turnover Proceeding - Demanding either a fiduciary or an individual transfer assets back into an estate that were improperly removed at an earlier time.
  • Accounting Proceeding – Compelling a fiduciary to Account (i.e. explain each and every estate transaction). We also represent fiduciaries in defending their accounts.
  • Fiduciary Removal Proceeding - Seeking to remove an Executor who is unfit to serve as Fiduciary.
  • Creditor Proceeding – Representing creditors in obtaining payment for debts and other obligations owed to them upon the death of an individual.
  • Spousal Rights Proceedings - Representing spouses and ensuring that they receive the proper proportion of their deceased spouse’s estate (Elective Share) in accordance with the laws of New York State.
  • Will Construction Proceedings - A Court proceeding whereby the Court will determine the intent of the Decedent by reviewing and clarifying the terms of a Will.
  • Wrongful death compromises - Assisting a fiduciary in pursuing an action for Wrongful Death, while working with the Surrogate’s Court in the collection and eventual distribution of any settlement proceeds.
  • Contact our office for a free consultation.