Estate disputes involve family relationships, significant assets, and court procedures found nowhere else in the legal system. Choosing the right attorney to handle a will contest, accounting objection, or fiduciary dispute can shape the outcome as much as the facts of the case itself. Here are seven questions worth asking before you hire counsel.
1. How Much of Your Practice Is Devoted to Surrogate's Court?
Surrogate's Court has its own procedural rules, timelines, and unwritten norms that differ from other civil litigation. An attorney who regularly appears before Surrogate's Court judges and understands local practice will typically navigate your case more efficiently than a generalist litigator handling an occasional estate matter.
2. What Is Your Experience With Cases Like Mine Specifically?
Will contests, accounting objections, kinship hearings, and turnover proceedings each involve different strategies and types of evidence. Ask for specifics about the attorney's experience with your particular type of dispute, whether that involves undue influence claims, fiduciary surcharge actions, or partition of inherited property.
3. How Do You Approach Settlement Versus Litigation?
Since most estate disputes resolve short of trial, it matters whether an attorney is skilled at negotiation and settlement, not just courtroom advocacy. A good litigator should be able to explain how they evaluate when to push for settlement and when a case genuinely calls for trial.
4. What Will This Cost, and How Are Fees Structured?
Estate litigation fee arrangements vary, and understanding whether you will be billed hourly, whether a retainer is required, and how costs might be recovered from the estate in appropriate cases helps you plan realistically. Ask for a candid estimate of the range of costs based on similar cases, recognizing that estate litigation timelines can be unpredictable.
5. Who Will Actually Handle My Case?
At some firms, the attorney you meet during a consultation is not the one who handles day-to-day work on your matter. Ask directly who will draft your pleadings, appear at conferences, and be available when you have questions.
6. How Will You Communicate With Me Throughout the Case?
Estate disputes can take months or longer to resolve, and clients understandably want regular updates. Ask how often you can expect to hear from your attorney and what the best way to reach them will be during the litigation.
7. What Are the Realistic Outcomes in My Situation?
Be wary of any attorney who guarantees a specific result. A trustworthy litigator will walk you through the range of realistic outcomes, the strengths and weaknesses of your position, and the risks of proceeding versus settling.
Whether your dispute involves a contested will, a fiduciary who will not account, or disagreements over inherited property, the attorneys at Schwartsman Law Group focus on trusts and estates litigation throughout New York, including matters connected to our Brooklyn and Queens communities. Call +1 212 518 3868 or schedule a free consultation to discuss your case and see whether we are the right fit for your family's needs.
