Wills and Probate
Staten Island Estate Litigation Lawyer Protects Your Assets
Capably dissolving disputes with creditors and will beneficiaries in New York
Even the most carefully drafted estate plans can face challenges from creditors and other claimants, as well as disappointed heirs. Since 1997, William J. Newstad, Esq., Attorney and Counselor at Law has managed disputes in the New York Surrogate Court. As attorney for the estate, the estate administrator or a particular would-be heir, our goal is always to assert our client’s rights without causing the estate to lose value through expensive litigation.
Experience with creditor litigation in New York Surrogate Court
The Surrogate Court does not release assets to an estate’s beneficiaries until all claims against it are settled. This can be a complex process, because not every creditor’s claim is valid and the alleged debtor cannot answer for themselves. William J. Newstad, Esq., Attorney and Counselor at Law independently investigates creditor claims. We negotiate fair settlements of legitimate obligations and vigorously oppose any unfounded demands.
Challenges to the will or the estate administrator in New York
An estate administrator has a fiduciary duty to act in the best interests of the estate to preserve its value before disseminating the assets to the rightful beneficiaries. On occasion, conduct during estate administration can arouse suspicion that the administrator has violated fiduciary duties. We have experience representing beneficiaries of the estate in actions against such administrators as well as the defending trustworthy administrators against false or mistaken allegations.
Experience litigating various will disputes in New York Surrogate Court
Would-be heirs cannot challenge a will simply because the testator disappoints them. There are four main grounds for a will challenge:
- Defective formation — The will was not drafted, signed and witnessed in accordance with state law and is therefore invalid.
- Lack of capacity — The testator lacked full mental capacity at the time the will was signed or revised, so the document as it exists is invalid. In cases where the court invalidates a will revision, it may enforce an earlier, valid version of the will.
- Undue influence — A person close to the testator has used their position of influence to cause the testator to change a will for that person’s benefit.
- Fraud — The will is forged in part or whole.
As your estate litigation lawyer, we are prepared to defend your loved one’s will against challenges or support your good-faith challenge to a will you believe is invalid.
Contact a skilled Surrogate Court attorney for will contests in NY
William J. Newstad, Esq., Attorney and Counselor at Law represents clients in estate litigation and will contests in New York Surrogate Court. We can evaluate your situation for free in our Staten Island office. To schedule a consultation, call 718.815.5800 or contact our office online.
William J. Newstad, Attorney at Law is located in Staten Island, NY and serves clients in and around Staten Island, Breezy Point, Brooklyn, New York, Jamaica, Rockaway Park, Ridgewood, Maspeth, Long Island City, Howard Beach, Middle Village, Sunnyside, Woodhaven, Ozone Park, Woodside, Arverne, Elmhurst, Rego Park, Astoria, South Ozone Park, South Richmond Hill, Richmond Hill, Jackson Heights, Kew Gardens, Forest Hills, Corona, East Elmhurst, Inwood, Springfield Gardens, Bronx, Bronx County, Kings County, Nassau County, New York County, Orange County, Queens County, Richmond County, Rockland County, Suffolk County and Westchester County.