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Estate Planning

Family Estate Disputes

Family estate disputes rarely start with the law. They start with a will that changed late in a parent's life, a sibling who controls the accounts, or a house that one person lives in and everyone else partly owns.

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01 GUIDE

Family Estate Disputes: what usually happens

Where the conflict usually sits

In New York, most of these disputes run through the Surrogate's Court in the county where the person who died lived. Some are challenges to the will itself, often arguing that the person lacked capacity or was under undue influence when signing it. Others concern how an executor or administrator is handling the estate, such as delays, unexplained spending, or a refusal to share information, and these are often addressed by asking the court to require a formal accounting. Disputes also arise over property that passes outside the will, like joint accounts, retirement accounts, and life insurance with named beneficiaries, which follow their own rules. Each path has its own procedure, and some come with short windows to object.

Records worth collecting

Gather a copy of any will, and earlier versions if you know of them, along with the death certificate, papers from the Surrogate's Court, and anything showing who has been handling money. Bank and brokerage statements, deeds, and beneficiary forms often tell more than the will does. Records of the person's health when the will was signed can matter in a capacity dispute, although getting them may require a court process. Keep texts and emails between family members as they are, without editing or deleting them. Try not to remove items from the home or move money, even with good intentions, until everyone's role is settled.

Choosing how hard to push

A first conversation is mostly about what you want to happen and what it would cost to get there. Litigating against relatives is expensive and draining, and many family estate disputes are resolved through negotiation or mediation once the financial information is on the table. Sometimes a formal objection is needed to protect your position even if settlement is the goal. We look at your standing, meaning whether you are a beneficiary or would inherit if the will were set aside, and at the deadlines already running. We also consider whether a neutral administrator or a court order is needed to protect assets in the meantime.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about family estate disputes and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.