Brooklyn Probate Lawyer for Contested Estates and Will Disputes

When a Brooklyn family loses a loved one, the estate is supposed to pass quietly to the people the decedent chose. Often it does not. A sibling questions whether the will was really signed the way the law requires. An out-of-state heir suspects the executor is hiding assets. A late-life caregiver suddenly appears as the sole beneficiary. These are the moments our practice was built for: contested estates and will disputes in the Kings County Surrogate’s Court.

Probate in Kings County Surrogate’s Court

Probate in New York is the court process that proves a will is valid and authorizes someone to act for the estate. It takes place in the Surrogate’s Court of the county where the decedent lived, governed by the Surrogate’s Court Procedure Act (SCPA). For Brooklyn residents, that means the Kings County Surrogate’s Court. When everyone agrees, probate is administrative. When a will is challenged, it becomes adversarial litigation, complete with discovery, objections, and sometimes trial.

What Makes a New York Will Valid

Most will contests turn on execution. Under EPTL §3-2.1, a New York will must be signed by the testator at the end of the document, in the presence of at least two attesting witnesses, and the testator must declare (publish) to those witnesses that the document is their will. Witnesses must sign within thirty days of one another. A will that skips publication, uses only one witness, or has signatures floating after the testator’s mark gives a contestant real ground to object. We dissect every execution detail because that is frequently where a disputed will succeeds or fails.

Common Grounds for a Will Dispute

Beyond defective execution, objectants in Brooklyn typically raise lack of testamentary capacity, undue influence by a beneficiary in a confidential relationship, fraud, duress, or that the will offered is a revoked or forged instrument. If a will is set aside, the estate may pass under an earlier valid will or under New York’s intestacy statute, EPTL Article 4, which sends property to a fixed list of relatives in a fixed order, no matter what the family expected.

Where Trusts and Probate Meet

Some Brooklyn families try to avoid these fights with trusts under EPTL Article 7. A revocable living trust keeps assets out of probate but provides no estate-tax savings and offers no asset protection during life. An irrevocable trust can serve estate-tax planning or Medicaid eligibility, which carries a five-year look-back, while a supplemental needs trust under EPTL 7-1.12 protects a disabled beneficiary’s public benefits. Trust terms can be contested too, and we handle those disputes alongside traditional will contests.

Our Focus

We represent executors defending a will against attack, beneficiaries who suspect wrongdoing, and disinherited family members weighing whether to object. Whether the estate is below or above New York’s 2026 basic exclusion of $7,350,000, conflict can erupt, and the 105% cliff at $7,717,500 only raises the stakes for larger Brooklyn estates.

Talk to a New York Attorney

This page is general information about New York probate law, not legal advice for your situation. Will contests are fact-specific and bound by strict Surrogate’s Court deadlines. If you face a contested estate in Brooklyn, consult a licensed New York attorney promptly so evidence and objections are preserved.