Westchester Estate Litigation Attorney

While most estate matters proceed smoothly, disputes can and do arise—especially when emotions run high and significant assets are involved. Estate litigation refers to the legal process of resolving disagreements over Wills, trusts, fiduciary actions, or asset distributions. At Cavallo & Cavallo, our Westchester estate litigation attorneys represent beneficiaries, heirs, executors, and trustees with experienced and strategic guidance in all types of estate-related disputes.

What Is Estate Litigation?

Estate litigation involves legal challenges that occur during the probate or trust administration process. These disputes may center on the validity of a Will or trust, the actions of a fiduciary, or disagreements among family members over inheritance rights.

Common reasons for estate litigation include:

• Will or trust contests
• Accusations of undue influence or lack of capacity
• Breach of fiduciary duty by executors or trustees
• Disputes over asset ownership or distribution
• Conflicts among heirs or beneficiaries
• Allegations of fraud or misappropriation of estate funds

These cases are typically handled in Surrogate’s Court or Supreme Court, depending on the nature of the dispute.

Will Contests

One of the most common types of estate litigation is a Will contest, in which a party challenges the validity of a Last Will and Testament.

Grounds for contesting a Will include:

• Lack of testamentary capacity – The decedent did not understand the nature of the document or their assets when the Will was executed.
• Undue influence – A beneficiary used pressure or manipulation to influence the terms of the Will.
• Improper execution – The Will was not signed or witnessed in accordance with New York law.
• Fraud or forgery – The Will was forged or signed under false pretenses.

We represent both challengers and defenders in Will contests and work to resolve disputes through negotiation or litigation when necessary.

Trust Disputes

Disagreements over the management or interpretation of trusts are also common, particularly in high-value estates.

Trust litigation may involve:

• Claims that the trustee is mismanaging or misusing trust assets
• Disputes over the meaning or intent of trust provisions
• Conflicts among beneficiaries about unequal distributions
• Challenges to the creation or amendment of the trust document

Trustees have a legal duty to act in the best interest of beneficiaries. We advise both trustees and beneficiaries in resolving disputes and enforcing their rights.

Breach of Fiduciary Duty

Executors, trustees, and agents under a power of attorney have a fiduciary duty to manage assets responsibly, avoid self-dealing, and act in accordance with the law.

Signs of a fiduciary breach may include:

• Unexplained account withdrawals or asset transfers
• Failure to communicate with beneficiaries
• Delays in distributing assets
• Mixing personal and estate funds
• Not filing tax returns or reports

If a fiduciary is neglecting their responsibilities or misusing funds, we can take legal action to remove them and recover losses on behalf of the estate or beneficiaries.

Family Disputes and Inheritance Conflicts

Even with a clear estate plan, family conflict can emerge after the loss of a loved one. Siblings may disagree about asset values, sentimental items, or fairness in the Will.

We help resolve disputes involving:

• Claims of unequal treatment between children
• Stepchildren or blended family dynamics
• Alleged promises or verbal agreements not reflected in the Will
• Questions about gifts made during the decedent’s lifetime

Our goal is to find efficient, practical solutions that preserve family relationships when possible, while protecting your legal rights at every stage.

Disputes Involving Non-Probate Assets

Estate litigation can also involve assets that pass outside of probate, such as:

• Jointly owned real estate or accounts
• Life insurance policies or retirement accounts with beneficiary designations
• Trust-owned property

We represent parties in disputes over ownership, beneficiary designations, and asset transfers involving non-probate property.

Accounting and Judicial Review

In New York, beneficiaries have the right to demand an accounting from an executor or trustee showing how estate or trust funds have been managed. If concerns arise, a formal judicial accounting can be requested through the court.

An accounting dispute may focus on:

• Incomplete or inaccurate records
• Questionable transactions
• Excessive administrative fees or expenses
• Delays in distributions

We help beneficiaries obtain transparency and protect their interests, and we defend fiduciaries who have acted properly and in good faith.

Frequently Asked Questions About Estate Litigation

How long does estate litigation take?
It depends on the complexity of the dispute. Some cases settle quickly, while others may last a year or more, especially if they go to trial.

Can a Will be overturned?
Yes—if a challenger can prove legal grounds such as undue influence, lack of capacity, or improper execution.

Can an executor be removed?
Yes. The court can remove an executor for misconduct, neglect, or failure to carry out their duties.

What if I suspect fraud in an estate?
You should consult an attorney immediately. We can investigate and, if appropriate, file a petition to recover misappropriated assets or challenge fraudulent documents.

Is estate litigation expensive?
Costs vary depending on the scope of the dispute. We strive to resolve matters efficiently through negotiation or mediation when possible.

Can I contest a trust?
Yes. While more complex than challenging a Will, a trust can be contested if there’s evidence of fraud, undue influence, or lack of capacity.

Serving Throughout Westchester, NY

• Scarsdale
• Bronxville
• Larchmont
• Rye
• Chappaqua
• Pelham
• Armonk
• Mamaroneck
• Dobbs Ferry
• Tarrytown

How Cavallo & Cavallo Can Help

Cavallo & Cavallo has extensive experience representing clients in all aspects of estate litigation in Westchester. Whether you’re a beneficiary seeking your rightful inheritance or a fiduciary facing legal challenges, we provide strategic, results-driven representation tailored to your unique situation.

Our services include:

• Will and trust contests
• Breach of fiduciary duty claims
• Beneficiary representation
• Executor and trustee defense
• Asset recovery and fraud litigation
• Mediation and settlement negotiations

We approach each case with skill, discretion, and a deep commitment to protecting your rights.

Speak With a Westchester Estate Litigation Attorney

If you’re involved in an estate dispute or believe something isn’t right with a loved one’s estate or trust, don’t wait to seek help. Contact Cavallo & Cavallo today to speak with an experienced Westchester estate litigation attorney who can help you assert your rights, resolve disputes, and move forward with confidence.