Best Probate Attorneys in Amherst, NY

A person has passed, and a probate petition is filed with Surrogate's Court. The petitioner seeks the will filed with the probate petition to be deemed valid. What if - Example One: The will was not signed in the presence of will witnesses, but such "will witnesses" stated otherwise in an affidavit filed with the Court. Example Two: The will was executed by an elderly individual two days before his surgery to benefit a "helper" who promised help to the elderly individual after his surgery, but only if he changed his will accordingly. Example Three: A will disinherited a child where there is no surviving spouse. Which of the above examples may end up with a will contest? It depends on whether the individuals who have a legal right to object against the will take the necessary actions to do so. This means exploring the facts and circumstances behind the will preparations and execution to determine if objections against the will should be filed. Which of the above examples, if in a will contest, may result in the will being deemed invalid? Certain facts and circumstances would clearly point to a will that should be deemed invalid. While other facts and circumstances point to a “greyer” range where deeper analysis must be made under the applicable laws. On an estate planning note, it's most advantageous to place yourself in the best position that you can when it comes to having a will in place that can withstand a potential will contest.