Probate litigation can be a lengthy, expensive, and emotionally draining process, especially in cases where disinherited family members, such as children, seek to contest a will. In New York, creating a trust is a powerful tool to protect your testamentary wishes and reduce the risk of litigation. At Schwartsman Law Group, we specialize in helping clients create robust estate plans, including trusts, that safeguard their legacies. We also provide skilled representation in defending against will contests when disputes arise.
The Challenge of Probate and Will Contests in New York
When a person passes away with a will, their estate typically goes through the probate process. During probate, the will becomes a public document, and interested parties, including disinherited heirs, can contest it on various grounds such as undue influence, fraud, or lack of capacity.
In New York, disinherited children often seek to challenge a will, claiming they were unfairly excluded. This is particularly common in blended families, estranged parent-child relationships, or cases involving second marriages. Contesting a will can lead to drawn-out litigation that delays the distribution of assets and drains the estate’s resources. Worse, the testator’s final wishes may not be honored if the contest is successful.
Trusts: A Strategic Solution to Minimize Litigation Risk
Establishing a trust is one of the most effective ways to avoid probate litigation and reduce the risk of a will contest. Here’s why:
- Avoids Probate Entirely
Assets placed in a trust do not go through probate. Instead, they are distributed according to the terms of the trust, bypassing the court-supervised probate process entirely. Since the trust’s terms are private, potential litigants, like disinherited children, have limited visibility into the estate’s assets and distribution plan. - Higher Barrier to Contestation
Contesting a trust is significantly more challenging and expensive than contesting a will. To challenge a trust, a disinherited party must typically file a separate civil lawsuit, which requires demonstrating legal grounds such as fraud or undue influence. This not only increases the cost of litigation but also places a higher burden of proof on the challenger. - Customized Control Over Distributions
Trusts offer unparalleled flexibility. For example, a trust can include specific terms for disbursements, such as incentives or conditions, making it harder for a disinherited child to argue that the distribution scheme was unfair or unreasonable. Additionally, a trust can include a “no-contest” clause, which disinherits any beneficiary who attempts to challenge its terms. - Preserves Family Harmony
By using a trust to handle estate distributions privately, you can minimize the emotional conflicts that often arise during probate proceedings. A trust allows you to implement your wishes while reducing the likelihood of disputes among heirs.
Defending Your Legacy Against Challenges
While creating a trust is a powerful deterrent against litigation, challenges can still arise. At Schwartsman Law Group, we are well-versed in defending against will and trust contests. If a disinherited child or other party seeks to disrupt your testamentary scheme, we have the experience to protect your intentions and defend your estate plan.
Our approach combines strategic planning with proactive measures to address potential disputes before they escalate. Whether through negotiation, mediation, or litigation, we work tirelessly to uphold your wishes and protect your beneficiaries.
How Schwartsman Law Group Can Help
At Schwartsman Law Group, we offer comprehensive estate planning services tailored to your unique needs. We can assist you in creating trusts that not only fulfill your goals but also shield your estate from unnecessary litigation. Additionally, our litigation team is equipped to handle disputes, ensuring that your final wishes are respected.
If you’re considering how to protect your estate or are facing the prospect of a will or trust contest, we’re here to help. Contact us today to schedule a consultation and take the first step toward securing your legacy.
Contact Schwartsman Law Group to start planning your estate or defend your testamentary wishes.
