Experienced Plaintiff and Defense Representation Provides Cost-Effective Results
The Cormac McEnery Law Firm: Experienced in Estate Litigation
Types Of Trust And Estate Challenges In New York
In more than 40 years of practice, Mr. McEnery has handled numerous court challenges to trusts and estates. The most common include:
Will Challenges
Accountings and Breaches of Fiduciary Duty
Discover and Compel Delivery of Assets
Debtor and Creditor Litigation
Liability Litigation
Tax Controversies
Resolve Your Estate Litigation
Experienced Counsel
Personalized Service
Ethical Representation
Knowledgeable and Helpful Support Staff
The importance of experienced and dedicated paralegals cannot be overstated. Our practice benefits from friendly, highly-professional paralegals who have longstanding relationships with the firm and are heavily invested in client satisfaction.
Why Choose us ?
Estate litigation requires a careful balance of legal skill and sensitivity to family dynamics. At Cormac McEnery Law, we approach each case with a focus on achieving fair, effective solutions while minimizing stress and preserving family relationships when possible. With our deep understanding of estate law and dedication to client advocacy, we are here to provide the guidance and representation you need during challenging times.
Related FAQs
1. What is estate litigation?
Estate litigation involves resolving legal disputes related to a decedent’s estate, including will contests, trust disputes, fiduciary duty claims, and beneficiary disagreements. It often requires court intervention to interpret, enforce, or contest estate documents.
2. Can a will be contested after it’s been read?
Yes, a will can be contested after it’s read, but it must be done within a specific time frame, known as the statute of limitations, which varies by state. Grounds for contesting include lack of capacity, undue influence, and fraud.
3. How do I know if I have grounds to contest a will?
If you believe the deceased was coerced, lacked the mental capacity to make decisions, or if the will wasn’t executed correctly, you may have grounds to contest. Our attorneys can evaluate your situation and advise on the best course of action.
4. What is a fiduciary duty, and what happens if it’s breached?
Fiduciary duty is the legal obligation of trustees and executors to act in the best interest of beneficiaries. Breaching this duty, through mismanagement or misconduct, can lead to litigation. We represent both beneficiaries and fiduciaries in such cases.
5. How long does estate litigation typically take?
The duration of estate litigation varies depending on the complexity of the case, the number of parties involved, and whether the case is resolved through mediation or proceeds to trial. Some cases are resolved in months, while others may take years.
6. Can estate disputes be resolved without going to court?
Yes, many estate disputes can be resolved through mediation or other forms of alternative dispute resolution (ADR), which can be faster, less costly, and less adversarial than court proceedings.
7. What costs are involved in estate litigation?
Costs depend on the case’s complexity, duration, and whether it’s resolved through ADR or court. Our firm provides transparent pricing and offers an initial consultation to discuss potential costs and options.
8. Who can initiate estate litigation?
Typically, beneficiaries, heirs, fiduciaries, and other interested parties can initiate estate litigation if they believe their rights or the decedent’s intentions have been violated. We can help you determine whether you have standing to bring a case.