Service

Estate Litigation

Protecting the rights of beneficiaries, heirs, executors, and trustees in disputes involving wills, trusts, fiduciary duties, and estate assets.

Overview

Estate litigation often arises when families, beneficiaries, trustees, executors, or other fiduciaries disagree about property, authority, duties, or a decedent’s wishes. We represent clients in sensitive disputes with a focus on practical resolution and strong advocacy.

Related Services

  • Trust disputes
  • Beneficiary claims
  • Executor and trustee disputes
  • Fiduciary duty issues
  • Guardianship and conservatorship disputes
  • Sale of estate or trust property
  • Conflicts of interest
  • Fraud allegations
  • Estate and gift tax disputes
  • Corporate and estate taxation issues
Questions & Answers

Estate litigation in Westchester: common questions

What kinds of estate disputes do you handle?

Contested probate and will contests, objections to fiduciary accountings, proceedings to remove or compel an executor, administrator, or trustee, claims for breach of fiduciary duty, proceedings to recover assets that belong to an estate, trust disputes, and kinship and inheritance disputes among family members.

Where is estate litigation heard in Westchester County?

Most estate and trust disputes for Westchester are heard at the Westchester County Surrogate's Court, 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601. Certain trust and related matters may also be heard in Supreme Court. We represent clients in both.

Do estate disputes always go to trial?

No. Many are resolved through negotiation or mediation once the facts and documents are on the table, and the Surrogate's Court offers alternative dispute resolution. We prepare every matter as if it will be tried, which is often what makes a fair settlement possible.

Who pays the legal fees in an estate dispute?

It depends on the role and the outcome. Fiduciaries defending the estate in good faith are often reimbursed from the estate, while individuals pursuing their own claims generally pay their own fees unless the court directs otherwise. We discuss fee structure and likely exposure at the outset.