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Knowledgeable New York City Litigator Handles Disputes During the Probate Process

Dedicated New York law firm represents clients in probate and trust litigation

If you are the intended beneficiary of a will or trust, the law gives you certain rights to protect your interests. Concerns over the trustee, executor or execution of the will can require litigation to resolve. At Damien Bosco, P.C., I know how to handle probate and trust disputes and am committed to using my 20 years of experience to help beneficiaries throughout the New York City metropolitan area secure their claims. Whether there is evidence a will was the result of undue influence, a trustee breached fiduciary duties, or a deceased loved one was incapacitated when drafting their will, I will thoroughly analyze your situation and present all your legal options.

Reliable law firm assists with breach of fiduciary duty claims

Both executors and trustees are legally obligated to act in the interest of the beneficiaries. Thus, for example, they cannot favor one beneficiary over another or engage in self-dealing. Identifying and proving a breach of fiduciary duty is often complex, and the available remedies can include replacement of the fiduciary and suitable relief to the beneficiaries who were harmed. I understand how damaging improper acts by fiduciaries can be to your interests and will build the strongest possible case to support your rights.

Responsive counselor knows how to mount a case for undue influence issues

Valid wills must be made of the testator’s own free will, and not from undue influence from an outsider. To challenge a will’s validity on the grounds of undue influence, the burden is on you to show:

  • How the undue influence was accomplished
  • How it affected the testator’s state of mind at the time of execution
  • That the will would not have been executed if the undue influence did not occur

Consequently, it is imperative to work with a knowledgeable attorney when building your claim, and I will review your case and advise on the best way to proceed.

Experienced advocate skillfully pursues lack of capacity claims

New York law states a person must have “testamentary capacity” to make a valid will. This is a very low standard of cognitive understanding, which is not clearly defined in the law, but factors courts typically evaluate when capacity is challenged include:

  • Whether the testator understood the nature and consequences of the will
  • Whether the testator knew the nature and extent of the property being passed
  • Whether the testator knew the people named as beneficiaries
  • The extent of the relationship between the testator and the individuals named in the will

These cases require a lot of evidence to prove, and I am a seasoned litigator who knows how to present your case in court.

Contact a respected New York lawyer to schedule a free consultation

At Damien Bosco, P.C., I represent clients throughout the New York City  metropolitan area in probate and trust litigation matters. Please call 347-507-8755 or contact me online to schedule a free consultation at my New York office.

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