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Experienced New York Estate Litigation Lawyer Protects Your Interests

Experienced plaintiff and defense representation provides cost-effective results

Trusts and estates are entities that hold assets for beneficiaries. A fiduciary is charged with managing the assets ethically and competently to prevent unnecessary losses in value. However, controversies surrounding the assets and their management often arise, and sometimes require a court order to be resolved. The Cormac McEnery Law Firm has vast experience in estate litigation, representing the fiduciary of a trust or estate as well as claimants against the entity. Because court actions run up expenses that can dissipate the trust or estate, Mr. McEnery first seeks to arrive at a negotiated solution. However, when trial is necessary, he provides formidable representation on his client’s behalf.

Types of trust and estate challenges in New York

In more than 35 years of practice, Mr. McEnery has handled numerous court challenges to trusts and estates. The most common include:

  • Will challenges — Disappointed heirs may challenge the validity of wills, alleging incapacity, fraud or undue influence. These challenges are common when an elderly testator executes a new will immediately prior to demise.
  • Accountings and breaches of fiduciary duty — Not all fiduciaries are capable or honest, and even those who are can make mistakes that damage the value of the trust or estate. Beneficiaries can sue to demand an accounting. If serious discrepancies are found, an interested party can petition the court to have the fiduciary removed. A fiduciary can also be held personally liable for theft or fraud.
  • Discover and compel delivery of assets — 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.
  • Debtor and creditor litigation — Before any assets can be released from a decedent’s estate, the administrator must pay the bills and collect what is owed. Often, there is a dispute about whether a charge against the estate is legitimate. Similarly, amounts owed to the estate can be in controversy or the debtor might be insolvent.
  • Liability litigation — A decedent may be subject to a personal injury or professional liability lawsuit. A trust that controls real property might be sued on a theory of premises liability.
  • Tax controversies — A trust or estate must pay its taxes, but there may be controversies about how much is due. It is also possible that a decedent had been delinquent in paying state or federal income tax or state property tax prior to passing away. A proper dispensation of these debts may require litigation in tax court.

Even the most meticulous estate planning cannot eliminate the possibility of trust or estate litigation. However, an experienced probate attorney can safeguard your rights when disputes arise.

To help resolve your estate litigation, contact our law firm

Litigation can delay the settlement of an estate and rob a trust of essential assets. The Cormac McEnery Law Firm works to protect your rights in estate litigation and minimize the negative consequences to the trust or estate. To schedule a free consultation, call 888.368.4329 or contact us online. We serve clients throughout the five boroughs of New York City, as well as Westchester, Nassau and Suffolk counties.