Long Island Estate Litigation Lawyers - Nassau & Suffolk Elder Law Attorneys

Estate Litigation

Administering an estate or trust is no simple or easy process, and sometimes the administration of the estate does not go as planned:

  • Not all assets can be accounted for 
  • The true intentions of the deceased are difficult to determine, or
  • A will may be suspected of having been prepared under suspicious circumstances.

Perhaps you are entitled to part of the estate, or a larger share of the estate, but have been denied your fair share. As an Executor, you may be asked to defend the validity of a will, or you may be a beneficiary of a trust where a trustee has absconded with the trust assets.

Whenever conflicts arise in the administration of an estate or trust, the experienced New York Estate Litigation attorneys at Genser Cona Elder Law can help. Since 1998, we've helped parties from both sides — fiduciaries and beneficiaries — find solutions to problems in an expeditious manner. Our knowledge and experience can be your greatest asset when faced with the complex and daunting prospect of estate litigation.

Fiduciary Litigation

The experienced fiduciary litigation team of attorneys at Genser Cona Elder Law are here to represent your interests whenever a conflict can’t be avoided. With each fiduciary litigation case, we draw on two decades of experience protecting the interests of our clients. Our attorneys offer a vast range of experience representing fiduciaries defending claims of misconduct, mismanagement, fraud and negligence.

Learn more about New York Fiduciary Litigation.

Beneficiary Rights

If a deceased loved one has promised you property or assets prior to their death, you may have beneficiary rights. And whenever your beneficiary rights are violated, you can take legal action to ensure you receive the inheritance you are entitled to. At Genser Cona Elder Law , we bring decades of experience protecting the rights of beneficiaries.

Read more about New York Beneficiary Rights.

Fraudulent Asset Transfers

If you believe assets were improperly transferred by the fiduciary either to someone other than a named beneficiary or to themselves, Genser Cona Elder Law can help fight for your rights. We have even been able to recover assets transferred by the decedent before they passed away, which were induced fraudulently. We bring decades of experience pursuing fraudulent asset transfer claims.

Learn more about New York Fraudulent Asset Transfers.

Will Contests

A Will contest is a type of lawsuit filed in the Surrogate’s Court to challenge the validity of a Last Will and Testament. At Genser Cona Elder Law, we regularly represent heirs who feel they’ve been unfairly treated in a will or disinherited altogether.  We also represent executors who have an obligation and fiduciary duty to defend a Will filed for probate.

Learn more about New York Will Contests.

Trust Contests

Similar to a Will contest, a Trust contest is a type of lawsuit filed in the Surrogate’s Court to object to the validity of a Trust. At Genser Cona Elder Law, we bring decades of experience both contesting the validity of Trusts as well as defending Trusts.

Read more on New York Trust Contests.

Accounting Contests

Estate proceedings often require fiduciaries to file an accounting before the estate can be officially closed. Beneficiaries can request an accounting if they are concerned with the administration of a trust or estate. At Genser Cona Elder Law, we prepare accountings for fiduciaries and represent fiduciaries in contested accounting proceedings.  We also petition the court on behalf of beneficiaries who desire an accounting and litigate when necessary in contested accounting proceedings.

Read more on Accounting Contests in New York.

Spousal Contests and Right of Election

A spouse cannot be disinherited in New York.  The state of New York is extremely specific regarding the protection of a spouse’s right to inherit assets and property. Under the Right of Election Law, spouses are entitled to an “elective share” of marital assets, which is defined as the greater of 1/3 of the estate or $50,000. This includes property such as joint bank accounts as well as certain other assets, which are called testamentary substitutes. As a surviving spouse, the spousal right of election can be filed by a spouse who has been disinherited or who hasn’t inherited assets that are equal to the minimum of the elective share of the estate.

Read more about Spousal Contests and Right of Election.  

Contact Genser Cona Elder Law for Estate Litigation in New York

Our attorneys are accomplished estate litigators with experience in Surrogate's Courts in all New York court jurisdictions. We are recognized for superior advocacy and unparalleled negotiating skills and believe the best results are attained by employing innovative strategies, creative techniques and old fashioned hard work.

We are also acutely aware of the financial and emotional impact that estate disputes have on families. We therefore maintain a close working relationship with each of our clients throughout the litigation process to ensure we understand your priorities and involve you in important strategic decisions.

Our attorneys and staff will partner with you to determine the most effective and efficient manner to resolve a case, whether through litigation, Alternative Dispute Resolution (ADR), mediation or negotiation.

Contact Genser Cona Elder Law today for experienced New York Estate Litigation.