Albany Estate Litigation Lawyer

Family dynamics are often challenging when a family member dies, and their assets are bequeathed via will or trust. For example, estate litigation may ensue if an heir objects to a will’s validity or believes assets are mismanaged. Executors, beneficiaries, and other individuals who have questions about whether an estate plan was created or executed properly should speak with an experienced estate litigation lawyer.

At Pierro, Connor & Strauss, LLC, we pair our Estate Planning practitioners with seasoned litigators to provide comprehensive counsel for the most effective estate dispute resolution. Our Albany Estate Planning Attorneys are sensitive and empathetic to family dynamics and can help resolve any disputes and carry out the intent of the grantor or decedent.

What is Estate Litigation?

In a perfect world, assets going through probate or held in a trust should be distributed to beneficiaries as per the terms of the will or trust and in a timely manner. However, estate litigation is the remedy when there are disputes about estate or trust administration. For instance, if beneficiaries think the executor is incompetent by mishandling assets, it may take some time to realize it.

Estate Litigation Complications

Estate or trust litigation complications may involve claims by creditors, asset valuation, breaches of fiduciary duty, tax liability, will and trust challenges, and spousal rights to inherit under the law.

Albany Estate Litigation Team

AARON E. CONNOR

Brent R. Stack

Contact us today for a FREE consultation

(866) 951-7526 Send Us a Message

Cinematic Court of Law and Justice Trial: Honorable Male Judge Ruling Out a Decision in a Civil Family Case, Striking Gavel to Close Hearing. Defendant Party is Happy, Successful.

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Our Services

An experienced estate litigation firm can help reduce the delays and costs incurred in reaching a typical legal resolution. We represent clients in all aspects of Albany estate litigation, including:

Contested Wills

Wills are contested when more than one version of the will exists. Questions arise about whether the decedent was competent when executing the will, when fraud or forgery is suspected, or a person may have exercised undue influence on the testator or creator of the will.

Trust Disputes

After the grantor of a revocable living trust dies, the trust becomes irrevocable. Such trusts avoid probate but are still vulnerable to disputes by beneficiaries. These disputes often center around the trust’s validity or whether the grantor was mentally capable of understanding the nature of the trust when it was created.

Breach of Fiduciary Duty

An estate’s personal representative or trustee has a fiduciary duty to act in the best interests of its heirs. They must manage the estate’s assets with care and maintain accurate records. If there are multiple beneficiaries, they cannot favor one over the others.

Common breaches of fiduciary duties include:

Asset mismanagement
Engaging in self-dealing
Not accounting for transactions
Failing to distribute assets in a timely manner

Inheritance Disputes

Every family situation is unique, and inheritance disputes may include the decedent dying intestate–without a will–which means that assets are distributed by New York’s laws of intestate succession. These are based on marital and blood ties.

For example, the decedent may have omitted a child’s name in their will without making it clear they were formally disinheriting them. As an interested party, they receive a copy of the will from the personal representative. If they refuse to sign a Waiver and Consent to probate the will, they will receive a citation from the Surrogate’s Court. It will contain a court date to provide objections before a judge.

Guardianship Disputes

Our attorneys have extensive experience in handling guardianship cases. As the nation’s population continues to age, guardianship disputes have become increasingly common. These disputes often indicate potential future conflicts regarding wills or trusts. Our team is well-versed in both asserting and defending against claims of abuse of authority under the power of attorney. Additionally, we assist guardians in obtaining court approval to undertake various estate planning actions.

Meet Our Team

Our Albany Litigation team is led by managing partner Aaron E. Connor, Esq. He is a seasoned litigator who concentrates on guardianship, will and trust contests, and other estate-related litigation. He regularly handles complex trust and estate litigation matters and assists clients in obtaining their fair share through discovery, litigation, and negotiation.

Associate Attorney Brent R. Stack counsels fiduciaries, beneficiaries and distributees in a variety of contested and uncontested proceedings, including probate and administration proceedings, estate and trust accounting proceedings, will and trust contest proceedings, proceedings against fiduciaries, discovery and turnover proceedings, and other trust and estate related matters including a strong practice in guardianship.

Schedule a Consultation at Pierro, Connor & Strauss LLC

If you are on any side of an estate planning or trust dispute – as a beneficiary, trustee, heir, someone whose business is involved in an estate, or other party who believes they have a legitimate claim, you may benefit from a consultation with an Albany estate litigation lawyer. Litigation is a trying experience, especially when personal relationships are involved. We provide transparent information for decision-making and offer creative solutions.

If you need the services of the New York Estate Litigation Lawyers at Pierro, Connor & Strauss LLC, schedule a consultation today. We serve all of New York State.

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