What Matters Are Litigated In Surrogate’s Court?

The purpose of an estate plan is to clearly articulate the decedent's wishes when it comes to distributing their remaining assets. There are situations where some beneficiaries may allege discrepancies in some estate planning documents. Executors may receive accusations that they breached their fiduciary duties when distributing the estate's assets. Our seasoned litigators have resolved a broad range of disputes in Surrogate's Court, including the following three matters.

1. Will Contests

Some beneficiaries may believe that the decedent's will does not accurately reflect their desires. There may be allegations of duress, lack of mental capacity or undue influence. Our attorneys have worked with all sides in will contest proceedings to analyze the facts and determine the best course of action to achieve your goals in Surrogate's Court.

2. Accounting Contests

Executors have an important role to play when administering an estate. During the estate settlement process, executors will prepare an accounting of the assets they received, debts they paid and assets they distributed. Some beneficiaries may contest the accounting proceeding if they notice something may be wrong. Our attorneys have worked with both beneficiaries and executors. We will help you effectively prepare for your contested accounting hearings.

3. Kinship Hearings

When a decedent has no direct survivors, the estate may pass on to a more distant relative. In these situations, the beneficiary may need to prove their kinship to the decedent to receive their inheritance. When establishing kinship, you may need to reconstruct a family tree, provide birth or marriage records, or obtain testimony from neutral third parties.

More Than Two Decades Of Experience

At DeCandido & Azachi, PLLC, we understand how to resolve these disputes as efficiently as possible. We have extensive experience providing strategic representation for executors, trustees and beneficiaries who are involved in Surrogate's Court litigation.

Our law firm has been a staple of the legal community of Queens and Nassau County for more than 25 years. Our lawyers have appeared in Surrogate's Courts across New York State, including weekly appearances before the Surrogate of Queens County. We have developed a reputation during our careers as strong advocates for our clients' interests.

Attorneys Who Will Advocate For You

Strong representation in Surrogate's Court proceedings better ensures your interests are protected. Schedule a free initial consultation in our Forest Hills office by calling 718-690-7715 or by sending our team an email.