Estate and Trust Litigation


We represent fiduciaries, beneficiaries, objectants, creditors and claimants in a wide variety of Estate and Trust matters. We understand the emotional strain within families and the high stakes involved when a Will is being contested. We commit to being prepared and to advocate your position in an ethical manner, undistracted by the emotion of family conflict.

Probate Contests
If you are the nominated Executor of a Will, we will represent you in the probate and defense of the Will. Similarly, we will advocate for you when you believe the Will is improper.

Accounting Proceedings
When you are handling someone else's money, special rules apply. We will advocate for you when someone accuses you of mishandling their money, or if you are a beneficiary and you believe that the fiduciary took your money or misused your money. An individual may have acted under a Power of Attorney during a decedent's lifetime, and you may have questions about how the assets were handled. We will demand for you an Accounting by the Attorney-in-Fact in order that you can see what he or she did. If someone used a power of attorney to transfer assets, we investigate the transfers to verify that the assets were properly accounted for and documented.

Recovering Assets
Were assets transferred prior to death? Were the transfers done knowingly and freely without influence. We will get these answers for you.

Can a Spouse be disinherited?
There are limitations on disinheriting your spouse. In New York, the Right of Election protects the surviving spouse to share in a portion of the estate assets, regardless of the language of the Will or other documents. Prenuptial agreements typically waive this right, but the requirements of a proper agreement are strict. We protect and pursue your rights whether you are seeking to enforce or challenge the validity of a prenuptial agreement.

Claims
Did a person who owed you money pass away? Filing and prosecuting claims against an Estate requires specificity of proof in proceeding, as the claim may not be paid or even considered until the Estate Administration is complete, which may be a year or more. Your claim must be properly filed and proved with admissible proof.

Kinship proceedings
When an individual dies with next-of-kin who are missing or unknown to the Administrator of the Estate, and you are related to the decedent, you may be entitled to share in the Estate. However, the proof required is extensive, and a hearing is also required. Most often, the Administrator is the Public Administrator. We have considerable experience in kinship proceedings, and if your entitlement is capable of being proven, we will prove it.


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Serving all of NYC (Queens, Brooklyn, Manhattan, Bronx, Staten Island) and Long Island (Suffolk and Nassau County)
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Mahon, Mahon, Kerins & O'Brien, LLC

Quality legal representation in the New York metropolitan area.
1-516-538-1111
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