Unfortunately, sometimes our close friends and loved ones either haven’t planned ahead for when they’ll need help (which is why we recommend that everyone should have a Health Care Proxy, Power of Attorney and Living Will), or their plans somehow wind up being insufficient to meet their need for assistance. In such unfortunate situations,

There are various different ways in which estates wind up in litigation. Contests often arise with respect to the validity of a Will. Most commonly, this litigation is based on the allegation that a Will is either the product of undue influence or coercion or that it is an outright forgery, that it was revoked by the execution of a new Will or other act of the Testator,

Our office frequently represents family members who are being sued by nursing homes or assisted living facilities for costs associated with caring for their loved ones. We also commonly represent family members who are sued by the local County Department of Social Services (or Human Resources Administration in the 5 Boroughs) for Medicaid benefits paid out during their loved ones’ lifetimes.

After a person’s death, in order for their wishes and testamentary designs set forth in their Last Will and Testament to become operative, their Last Will must be probated with the Surrogate’s Court. “Probating” a Last Will refers to the process of having it declared valid in the Surrogate’s Court and obtaining the appointment of an Executor to administer the Estate.