Estate & Trust Litigation
With over seven decades of experience representing clients in Surrogate’s Court, MMKO’s team of lawyers is adept in aggressively pursuing the best possible outcome for our clients when seeking to resolve issues arising from will and trust litigation. Here are just a few examples of matters MMKO has seen arise when individuals do not have well-drafted wills or trusts:
- Will Contests
- Breach of Fiduciary Duty, Breach of Fiduciary Responsibility, and Fiduciary Misconduct
- Probate Litigation
- Probate Fraud
- Improper Execution of documents
- Fee Disputes
- Undue Influence
- Elder Abuse
- Removal of Trustees
- Removal of Executors
- Removal of Agents Under Power of Attorney
- Guardianship Disputes
- Fiduciary Litigation
- Creditor Claims Against the Estate
- Removing Squatters from Estate Property
Recovering Assets
Were assets transferred prior to death? Were the transfers done knowingly and freely without influence. We will get these answers for you.
Can a Spouse be disinherited?
There are limitations on disinheriting your spouse. In New York, the Right of Election protects the surviving spouse to share in a portion of the estate assets, regardless of the language of the Will or other documents. Prenuptial agreements typically waive this right, but the requirements of a proper agreement are strict. We protect and pursue your rights whether you are seeking to enforce or challenge the validity of a prenuptial agreement.
Claims
Did a person who owed you money pass away? Filing and prosecuting claims against an Estate requires specificity of proof in proceeding, as the claim may not be paid or even considered until the Estate Administration is complete, which may be a year or more. Your claim must be properly filed and proved with admissible proof.
MMKO has a successful record of accomplishment in probate litigation, including trust and will contests. We are prepared to take whatever action is required to achieve the best possible results for our clients!
