Bronx Estate Litigation Attorney
While most estates in New York are settled smoothly, disputes sometimes arise over wills, trusts, property, or the conduct of fiduciaries. Estate litigation refers to the legal process of resolving these conflicts in Surrogate’s Court. Whether you’re contesting a will, defending your rights as a beneficiary, or facing accusations as an executor or trustee, Cavallo & Cavallo provides trusted, experienced representation in Bronx estate litigation matters.
What Is Estate Litigation?
Estate litigation involves court proceedings related to disputes over the distribution of a deceased person’s assets. These cases typically arise during probate or trust administration and can include both financial and emotional stakes. Disagreements may stem from family dynamics, unclear estate planning documents, or concerns about fraud, undue influence, or fiduciary misconduct.
Common estate litigation cases include:
- Will contests and objections to probate
- Trust disputes and mismanagement claims
- Challenges to power of attorney actions before death
- Breach of fiduciary duty by executors, trustees, or agents
- Disputes between heirs or beneficiaries over inheritance
- Accounting proceedings and financial transparency issues
- Fraud, forgery, or undue influence allegations
Litigation can delay the administration of an estate and create long-lasting family rifts, so it’s important to address issues early with knowledgeable legal counsel.
Grounds for Contesting a Will
In New York, a will can be challenged in Surrogate’s Court under specific legal grounds. Simply disagreeing with its terms is not enough. Valid reasons for contesting a will include:
- Lack of testamentary capacity: The decedent was not of sound mind when the will was signed.
- Undue influence: Someone used manipulation, pressure, or coercion to influence the contents of the will.
- Improper execution: The will was not signed or witnessed in accordance with New York legal requirements.
- Fraud or forgery: The document is not genuine or the decedent was misled into signing it.
- Revocation: A newer valid will or codicil may override the contested version.
Challenges must be filed quickly, as there are strict deadlines once a will is submitted for probate. At Cavallo & Cavallo, we represent both beneficiaries and objectants in Bronx will contests.
Disputes Over Trusts and Trustees
Trust litigation may involve concerns about how a trustee is managing trust assets or whether the trust was properly created and funded. Common trust-related disputes include:
- Allegations of trustee mismanagement or breach of fiduciary duty
- Disagreements over trust distributions or beneficiary rights
- Interpretation of vague or outdated trust terms
- Questions about the trust’s validity due to undue influence or incapacity
- Failure to provide required accountings or information to beneficiaries
Trustees have a legal obligation to act in the best interests of the beneficiaries. When they fail to meet these obligations, beneficiaries can take legal action to hold them accountable or seek their removal.
Executor and Fiduciary Misconduct
Executors, administrators, and trustees have a fiduciary duty to act in good faith, avoid self-dealing, and manage estate assets with care. When fiduciaries abuse their authority or fail to fulfill their responsibilities, legal action may be required.
Warning signs of fiduciary misconduct include:
- Delays in administering the estate or making distributions
- Missing or misused estate funds
- Failure to file required court documents or tax returns
- Favoritism toward certain beneficiaries
- Inadequate or missing accountings
Our firm represents heirs and beneficiaries seeking transparency and justice, as well as executors and trustees defending their actions from unjustified accusations.
Accounting Proceedings in Estate Cases
In New York, beneficiaries have the right to request a formal accounting from executors or trustees. This legal process ensures transparency and allows for review of how estate or trust assets have been managed.
If there are concerns about financial mismanagement, interested parties can file objections to the accounting and request court intervention. The court may then order further explanation, surcharge the fiduciary for losses, or remove them from their role.
Cavallo & Cavallo represents clients in all phases of the accounting process—from preparation and review to formal objections and hearings.
Joint Property and Inheritance Disputes
Disputes may also arise over jointly owned property, such as:
- Claims of unequal contributions to jointly titled assets
- Disagreements over survivorship rights in bank accounts or real estate
- Allegations of elder financial abuse or coercion in joint titling
- Questions about property transferred before death
These disputes can be complex and emotionally charged, especially when real estate or family businesses are involved. We help clients resolve property conflicts through negotiation or court proceedings when necessary.
Estate Litigation Alternatives: Mediation and Settlement
While litigation is sometimes necessary, not every estate dispute needs to go to trial. In many cases, Cavallo & Cavallo helps clients resolve conflicts through settlement discussions or court-referred mediation. This approach can save time, reduce legal costs, and preserve family relationships.
We explore settlement options where appropriate, while always being prepared to litigate aggressively when a fair resolution cannot be reached.
Frequently Asked Questions About Estate Litigation
How long do I have to contest a will in New York?
Typically, you must file objections within a few weeks after receiving notice that a will has been submitted for probate. Timing is critical, so speak with an attorney immediately.
What happens if no will exists?
The estate will be distributed under New York’s intestate succession laws. Disputes may still arise regarding who is entitled to serve as administrator or receive certain assets.
Can I sue an executor for mismanaging the estate?
Yes. If an executor violates their duties or causes financial harm, beneficiaries can seek their removal and may recover losses through a court proceeding.
Is estate litigation public?
Yes, probate and estate disputes are handled in Surrogate’s Court, which is a public forum. However, certain sensitive details can be protected or resolved through private settlement.
Will contesting a will delay inheritance?
Yes. Litigation can delay probate and distribution for months or even years. That’s why we aim to resolve disputes efficiently and strategically.
What if I suspect someone influenced the deceased to change their will?
You may be able to challenge the will based on undue influence. A lawyer can help you gather evidence and determine if legal grounds exist for a contest.
Serving Throughout The Bronx
- Riverdale
- Spuyten Duyvil
- Pelham Bay
- Morris Park
- Throggs Neck
- Kingsbridge
- Woodlawn
- Parkchester
- Bedford Park
- Fordham
How Cavallo & Cavallo Can Help
With over 30 years of experience serving the Bronx community, Cavallo & Cavallo provides skilled legal representation in estate litigation matters—whether you’re seeking to uphold a loved one’s wishes or protect your own inheritance rights.
We assist clients with:
- Will contests and probate objections
- Trust disputes and fiduciary removal
- Accounting proceedings and financial investigations
- Joint property and beneficiary disputes
- Settlement negotiations and court litigation
Our approach is thorough, respectful, and results-oriented. We understand the emotional and financial stakes of these disputes and work tirelessly to protect our clients’ interests.
Speak With a Bronx Estate Litigation Attorney Today
Estate disputes can be stressful and complex, but you don’t have to face them alone. Contact Cavallo & Cavallo today to speak with an experienced Bronx estate litigation attorney and get the legal support you need to defend your rights and preserve your family’s legacy.
