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New York Trusts & Estates Litigation

Tag Archives: will contest

What is a Confidential Relationship and How Does it Affect a Probate Contest?

Posted in Probate
Estate litigators arguably see more probate contests than any other type of conflict. While the details are always unique, they almost always include allegations that someone unduly influenced the decedent to change his or her will to either disinherit, or favor, a particular person. These cases also often include an allegation -- which is usually contested -- that the purported influencer was in a “confidential relationship” with the decedent. The frequency of such claims beg the questions (1) what exactly is a “confidential relationship,” and (2) what is the practical benefit to an objectant in establishing that one existed? Jaclene D'Agostino addresses these questions in our latest entry.… Continue Reading

Summary Judgment Granted, Dismissing Objections and Admitting Will to Probate

Posted in Probate
In Matter of Feller, a contested probate proceeding that was decided last week in Monroe County, the Surrogate addressed typical objections pertaining to due execution, testamentary capacity, and undue influence. The decision provides a cohesive illustration of the standards and considerations that Surrogates routinely utilize in addressing these allegations. Jaclene D'Agostino discusses the case in this week's entry.… Continue Reading