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Estate Litigation

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: Experienced in Estate Litigation

Mr. McEnery 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 40 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.

Accountings and Breaches of Fiduciary Duty

Beneficiaries can sue to demand an accounting. If serious discrepancies are found, an interested party can petition the court to have the fiduciary removed.

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.

Debtor and Creditor Litigation

Disputes about whether a charge against the estate is legitimate or amounts owed to the estate can be in controversy.

Liability Litigation

A trust that controls real property might be sued on a theory of premises liability.

Tax Controversies

Disputes about how much tax is due or resolving delinquent taxes.

Resolve Your Estate Litigation

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 us today.

Experienced Counsel

Mr. McEnery has practiced law for more than 35 years. A noted authority on elder law and estate planning, he teaches Continuing Legal Education (CLE) courses for practicing attorneys. You can be confident in his legal knowledge and his ability to represent your interests, even against formidable opposition.

Personalized Service

Mr. McEnery and his colleagues are amiable and relaxed in their interactions with clients, but strict in their adherence to professional standards for prompt, thorough communication. Phone calls and emails are returned in a timely manner, clients are copied on all correspondence and kept fully informed throughout the legal process.

Ethical Representation

Mr. McEnery fully appreciates the responsibility of representing clients, such as elders in declining health, who are especially vulnerable. He maintains the highest ethical standards while working earnestly for his clients’ best interests.

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.