Estate Litigation Attorney Serving Greater NYC

When Cormac McEnery represents a client, he brings more than 30 years of experience.  His knowledge and personal attention helps ensure that your estate and/or trust is timely and properly administrated—alleviating much of the burden on the decedent’s family at an extremely stressful time.

We live in litigious times

Having Cormac McEnery  as your attorney helps avoid family discord and unnecessary litigation which may delay the administration of the estate at significant additional costs.

A will is not enough to protect your loved ones

There are many types of proceedings that can come up during the administration of an estate—even when the decedent left a will. These are some examples of estate litigation:

• Will Contests: Common grounds for contesting a will are:

• The will was not properly executed.
• The person, at the time the will was executed, lacked the testamentary capacity to dispose of his/her property.  The measurement of someone’s testamentary capacity  has three basic elements: The person knew the natural objects of their bounty (family and close friends); the person had knowledge of their property (assets); and the person had the ability to make a rational plan for the post-death distribution of those assets.
• The person, at the time the will was executed, was unduly influenced or defrauded by another. Undue influence is not just the suggestion, but sufficient influence as to destroy one’s free will
• The disposition of the assets was influenced by fraud or fraudulent acts.

• Discover and Inspection of Property: These proceedings may be brought by a fiduciary of an estate, to locate and/or compel delivery of assets believed to be in the possession of another. Conversely, the proceedings may be instituted to discover and/or compel delivery of assets that an individual believes is not an asset of the estate, and is in the possession of the fiduciary of an estate.

• Revocation of Letters: In the case of serious mismanagement, theft, fraud or other compelling reasons, an interested party of an estate or trust may petition the Court to have the fiduciary appointed by the cCourt removed.

Contact Cormac McEnery

We serve clients from New York City (Manhattan, Bronx, Brooklyn, Queens), Westchester, and Nassau and Suffolk Counties. To set up a free legal consultation contact our estate litigation lawyer at 1-888-368-4329.