Nassau County Will & Trust Contest Attorney

Over 20 Years of Elder Law Experience in Nassau County Surrogate’s Court

When a will or trust doesn’t reflect what a loved one truly wanted, families have the right to challenge it. These disputes move quickly: objections to probate must typically be filed before the Nassau County Surrogate’s Court admits a will, and missing the citation deadline can waive rights that can’t be recovered. If you believe a will or trust instrument is invalid, speaking with a will and trust contest attorney in Nassau County as soon as possible can help protect your options.

At The Virdone Law Firm, P.C., we bring over 20 years of experience in elder law, wills, trusts, and estate administration to these proceedings. That background matters in contest cases. Understanding how an instrument was drafted, what planning goals it was meant to serve, and where it may have gone wrong gives us concrete insight when evaluating capacity claims, undue influence, and the intent of the person who signed it. We serve clients across Nassau County, Suffolk County, Queens County, and Long Island.

If you’re facing a will or trust dispute, don’t wait for a deadline to pass. Call (516) 712-2142 to schedule your free consultation with The Virdone Law Firm, P.C..

Grounds for Contesting a Will in New York

New York law recognizes four established grounds for challenging a will under the Estates Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). Each requires a distinct evidentiary showing, and the strength of your proof directly affects what the Nassau County Surrogate’s Court may do with the challenge.

Lack of Testamentary Capacity

New York courts apply a three-part test: the testator must have understood the nature and consequences of making a will, the nature and extent of their property, and who the natural objects of their bounty are, meaning their closest family members and those who would naturally be expected to inherit. Age, illness, or physical frailty alone won’t establish incapacity. The challenger must show the testator couldn’t meet these standards at the specific moment the document was signed.

Undue Influence

Undue influence means someone overpowered the testator’s free will to benefit themselves. Courts require clear and convincing evidence of opportunity, motive, and a result that favors the influencer. These cases often arise in elder law contexts where an older person in declining health was isolated from family or dependent on a caregiver who ultimately received a disproportionate share of the estate.

Fraud or Forgery

Fraud in execution involves false statements or misrepresentations that induced the testator to sign a document they didn’t understand. Forgery claims challenge whether the signature is genuine and typically require expert handwriting analysis and forensic document examination. Both grounds require specific, demonstrable proof.

Lack of Due Execution

EPTL § 3-2.1 sets formal requirements: the will must be in writing, signed by the testator at the end, and witnessed by at least two attesting witnesses. A will that fails these formalities can be challenged on due execution grounds regardless of the testator’s intent.

Contesting a Trust in Nassau County

Trust contests follow a different procedural track than will contests. Rather than moving through the probate process, they challenge whether the trust instrument accurately reflects what the settlor intended. The substantive grounds overlap with will contests: lack of capacity, undue influence, fraud, and improper execution. But because trusts aren’t admitted to probate in the same way, the path to challenging one requires a different approach under New York law.

This is an area where our elder law background is directly relevant. Many trust disputes involve instruments that were part of a broader Medicaid planning strategy or asset protection arrangement. Understanding the planning context of a document helps identify where the settlor’s intent may have been overridden or the instrument improperly created.

Standing to Contest & SCPA 1404 Pre-Objection Discovery

Not everyone can file objections to a will. Under SCPA § 1410, standing belongs to parties with a direct pecuniary interest in defeating the instrument: distributees who would inherit under New York’s intestacy laws if the will is invalid, and beneficiaries named in a prior will who would receive more if the current one is set aside.

Using SCPA 1404 Before Filing Objections

Before committing to a full contest, SCPA § 1404 provides a protected discovery tool. Standing parties can examine the drafting attorney and attesting witnesses under oath before filing formal objections. When the will contains an in terrorem clause, the nominated executors and the will’s proponent may also be examined. These examinations can surface critical evidence about the testator’s mental state, the circumstances of execution, and potential undue influence, all without automatically triggering a no-contest clause.

How In Terrorem Clauses Affect Your Options

In terrorem clauses (also called no-contest clauses) threaten to disinherit any beneficiary who challenges the will. Under EPTL § 3-3.5, beneficiaries may conduct SCPA 1404 examinations without forfeiting their inheritance under such a clause, giving them a protected window to evaluate whether a formal challenge is worth pursuing. If the Surrogate ultimately finds a will invalid, the court may admit a prior valid will to probate or distribute the estate under New York intestacy rules.

Why Nassau County Families Work with The Virdone Law Firm, P.C.

Will and trust contests are among the most consequential proceedings a family can face, legally and personally. The dispute arises in the middle of grief, often involves family members on opposing sides, and carries real financial stakes. Having attorneys who understand both the litigation path through Nassau County Surrogate’s Court and the estate planning origins of the dispute is a practical advantage, not just a credential.

Our elder law background means we read disputed instruments differently than a general litigator would. We understand the planning goals those documents were meant to serve, the language commonly used in Medicaid planning and trust arrangements, and the points where undue influence or capacity problems are most likely to appear. That fluency in both planning and litigation gives our clients a clearer picture of where their case stands and what it can take to pursue it. We handle each matter with the attention it deserves and the honesty you need to make informed decisions.

If you’d like to speak with a Nassau County will contest lawyer about your situation, we’re ready to listen.

Speak with a Will & Trust Contest Attorney in Nassau County

Deadlines in Surrogate’s Court proceedings are unforgiving. The sooner you get a clear assessment of your rights and options, the more those rights may remain intact. The Virdone Law Firm, P.C. offers a free consultation to evaluate your case and help you understand whether you have grounds to move forward.

Call (516) 712-2142 to reach The Virdone Law Firm, P.C. and schedule your free consultation today.