Probate Litigation Attorney Long Island
Guiding You Through Contested Estates During A Difficult Time
Losing a loved one is hard enough without questions about their will, trust, or how their estate is being handled. When disagreements arise over inheritances, executor decisions, or the validity of estate documents, it can quickly become overwhelming. In these moments, working with a probate litigation attorney Long Island families have trusted for generations can help you protect your rights and bring clarity to a confusing process.
At Blumberg, Cherkoss, Fitz Gibbons, Blumberg, we represent beneficiaries, executors, trustees, and other family members in estate and trust disputes here in the area. Our firm has served the Long Island community since 1935, and we bring that history to every contested matter we handle. We understand that behind every file there is a family, and our goal is to help you move forward with a clear understanding of your options.
From the first conversation, you work directly with an attorney who listens carefully to your concerns and explains the legal landscape in plain language. We draw on nearly 90 years of practice in Nassau County and Suffolk County courts to help clients navigate difficult probate conflicts with steadiness and respect.
Contact our trusted probate litigation lawyer in Long Island at (631) 449-7699 to schedule a free consultation.
Why Families Turn To Our Firm For Contested Estates
Probate disputes sit at the intersection of grief, family dynamics, and complex New York law. They often involve questions about capacity, undue influence, fiduciary duties, and sophisticated planning tools. In this environment, clients usually want a firm that has both staying power in the community and the courtroom skills to handle contested proceedings.
Our firm has been a steady presence in this community since 1935. That longevity reflects more than history. It means we have guided families through decades of changing estate laws, economic conditions, and court practices. Many of the estates we see now involve properties, family businesses, and multigenerational wealth that we have seen evolve here.
Blumberg, Cherkoss, Fitz Gibbons, Blumberg is a multi-partner, full-service law firm. Our attorneys handle litigation, estate planning, elder law, real estate, family and matrimonial matters, and more. This breadth matters in probate litigation because disputes rarely stay within a single narrow category. A contested will can involve questions about title to a home, a closely held business, or prior divorce agreements, and we are equipped to address those related issues under one roof.
We are seasoned litigators admitted to practice in all New York courts, including the trial and appellate levels, as well as local federal courts. Other law firms often seek us out to handle appeals, which reflects our careful research and written advocacy. When a probate dispute leads to motion practice, hearings, or appeals, our team has the experience and resources to guide you through each stage.
Equally important, we focus on personal attention. Clients work directly with an attorney who is well-versed in their matter, not just with staff. Partners, including attorneys such as Joshua Blumberg, remain actively involved, providing continuity and a clear point of contact from initial consultation through resolution.
Common Probate Disputes We Handle For Long Island Families
Every family is different, but the themes that appear in probate litigation are often familiar. Understanding the types of disputes that commonly arise can help you recognize what you may be facing and why it matters to address concerns promptly.
Will Contests & Questions About Validity
One frequent category involves will contests. These cases may allege that a will is invalid because the person who signed it lacked the mental capacity to understand what they were doing, or because someone exerted undue influence or pressure. Other challenges may focus on whether the document was properly executed under New York law, or whether a later will should control instead of an earlier version.
Trust Disputes & Trustee Conduct
Trust disputes are another significant area. Beneficiaries may question how a trustee is managing assets, making distributions, or interpreting the trust terms. In some cases, there are concerns that a trust was created or amended under suspicious circumstances late in life. Disputes can also arise between co-trustees who disagree about investment or distribution decisions.
Executor, Administrator & Accounting Issues
We also see conflicts involving executors and administrators. Beneficiaries may believe the fiduciary has failed to keep proper records, delayed administration, favored certain heirs, or used estate property for personal benefit. These concerns often surface during accounting, when the fiduciary must provide a detailed report of assets, income, expenses, and distributions.
Many of these disputes involve significant assets, including Long Island homes, vacation properties, and family businesses. Some are intertwined with prior lifetime transactions, such as deeds, beneficiary designations, or powers of attorney. Because our firm handles trusts, estates, tax planning, real estate, and civil litigation, we can view these disagreements in their full context instead of addressing them in isolation.
What To Do If You Suspect A Problem With An Estate
If something about an estate or trust does not feel right, you may be unsure whether your concerns justify legal action. Taking a few practical steps can help you protect your position while you gather more information and decide how to proceed.
Gather Documents & Organize Information
First, try to collect and organize any documents you already have. This may include prior versions of a will, trust agreements, account statements, correspondence from the executor or trustee, and notes about conversations you remember. Even partial records can be useful when an attorney evaluates the situation.
Be Careful About Signing Anything
Second, be cautious about signing documents or waivers without understanding what they mean. In New York, beneficiaries are sometimes asked to sign receipts, releases, or consents related to Surrogate’s Court proceedings. These papers can affect your rights, including your ability to challenge certain actions later. If you feel pressured or confused, it is usually wise to pause and seek legal advice before you sign.
Make A Clear Timeline Of Events
Third, make a written record of specific concerns. For example, note dates when you learned about a change in a will, or when you first suspected a problem with how funds were being handled. New York law includes time limits for bringing some types of claims, and while those limits depend on the type of proceeding and the court, it is helpful to preserve a clear timeline from your perspective.
New York Surrogate’s Court procedures have their own rules that can affect when and how challenges must be raised. The proper approach will depend on factors such as whether the will has already been admitted to probate, whether an accounting has been filed, and what documents exist. During a free consultation, we review these procedural questions with you so that you can decide on next steps with a better understanding of the framework.
How A Probate Litigation Lawyer Long Island Can Guide You
Engaging a probate litigation lawyer Long Island residents can rely on is not just about having someone appear in court. It is about having a guide who can translate complex legal issues into clear choices and stand with you throughout a stressful process.
Clarifying Your Rights & Obligations
We begin by reviewing key documents, such as the will, any trust instruments, prior estate planning records, and available financial statements. Our attorneys work to explain what those documents mean under New York law, including how assets are supposed to be distributed and what duties an executor or trustee owes to beneficiaries. Clients often tell us that this clarity alone reduces some of the stress they are experiencing.
Investigating Disputes & Building Your Case
When there are questions about capacity, undue influence, or potential misuse of authority under a power of attorney, we look at the surrounding circumstances. This may include timing of changes, the relationships involved, and patterns in financial transactions. While each case is different, our goal is to help you understand what kinds of evidence courts typically consider and how that may relate to your situation.
Pursuing Resolution In Or Out Of Court
Not every probate dispute needs to go through a full trial. We often explore whether negotiated resolutions or mediated approaches can achieve a fair outcome while limiting additional strain on family relationships and estate assets. At the same time, we prepare for hearings and, when necessary, trials in Surrogate’s Court so that your position is presented thoughtfully and thoroughly if litigation proceeds.
Throughout, communication remains at the center of our work. We strive to keep you informed about important developments, court dates, and settlement discussions, and we make ourselves available to answer questions as they arise. Many clients appreciate that our attorneys remain responsive, including by email outside of traditional business hours when needed.
What To Expect In Nassau & Suffolk County Surrogate’s Courts
For many people, the idea of going to court is intimidating, particularly when it involves a family estate. Understanding the basic role of the Surrogate’s Court and how contested matters typically unfold can make the process feel more manageable.
Where Probate & Estate Disputes Are Heard
In New York, each county has a Surrogate’s Court that handles probate, estate administration, and related disputes. If your matter involves an estate located in Nassau County, proceedings will generally be brought in Nassau County Surrogate’s Court. If the decedent was domiciled in Suffolk County, cases typically proceed in Suffolk County Surrogate’s Court. These courts oversee the appointment of executors and administrators, the probate of wills, accountings, and contested proceedings involving estates and certain trusts.
How A Contested Matter Typically Proceeds
A contested matter may begin with objections to the probate of a will, or with petitions and responses concerning a fiduciary’s conduct or an accounting. The court will usually set schedules for exchanging information, appearing at conferences, and, if needed, presenting testimony. The specific timeline will depend on the complexity of the issues, the number of parties involved, and the court’s calendar.
How Our Local Experience Helps You
Our attorneys have appeared in Nassau County Surrogate’s Court and Suffolk County Surrogate’s Court for decades. That experience helps us anticipate procedural requirements, prepare you for what to expect at each stage, and communicate with court staff and opposing counsel efficiently. While no two cases are exactly alike, familiarity with local practice allows us to plan in a way that respects both your time and the court’s processes.
At every point, we aim to balance the drive to resolve the dispute with the need to protect your long-term interests. For some clients, that may mean seeking a practical settlement that preserves relationships and limits costs. For others, it may mean pursuing a more extensive litigation path to address serious concerns about wrongdoing or the validity of documents.
Our Approach To Communication & Fees In Probate Disputes
Cost and communication are often at the front of people’s minds when they consider hiring a lawyer. We understand that you may be worried about how fees will affect the estate and whether you will know what is happening in your case.
Free Consultation & Clear Expectations
We begin by offering a free consultation and case evaluation. This gives you an opportunity to share your concerns, learn how New York probate litigation works in general terms, and ask questions about potential paths forward, all without obligation. During this meeting, we discuss fee structures and how they might apply to your situation, so that you can make an informed decision before moving ahead.
Ethical Fee Structure & Candid Advice
Our firm’s long history depends on maintaining an ethical approach to fees and advice. We are committed to providing candid guidance about the potential costs and benefits of different strategies. When we discuss options, we look at the size and complexity of the estate, the legal issues involved, and your goals, and we work with you to select a course that aligns with those realities.
Responsive Communication With Your Attorney
We also place a high value on accessibility. Clients work one-on-one with an attorney familiar with their matter and can expect proactive communication throughout the case. Our attorneys strive to be responsive, and they often communicate by email in the evenings or on weekends when issues arise. This level of attention reflects our belief that you should not feel like a case number, particularly when you are dealing with the loss of a loved one and conflict within your family.
Frequently Asked Questions
Do I Have Grounds To Challenge A Will In New York?
You may have grounds to challenge a will in New York if certain legal conditions are present. Common bases include claims that the person who signed the will did not have the mental capacity to understand what they were doing, that someone exerted undue influence or pressure, that the will was not properly executed, or that fraud occurred. Whether these grounds exist in your situation often depends on the person’s medical condition, the timing of the document, and the relationships involved. During a consultation, we review the available information and explain how New York courts typically view these issues so that you can decide whether to move forward.
How Long Does Probate Litigation Usually Take On Long Island?
The length of probate litigation on Long Island can vary widely, but most contested matters take longer than routine probate. A relatively focused dispute might be resolved through negotiation or limited court proceedings within several months. More complex cases, particularly those involving multiple parties, extensive discovery, or appeals, can take significantly longer. Factors that influence timing include the court’s calendar in Nassau County Surrogate’s Court or Suffolk County Surrogate’s Court, the complexity of the estate, and the willingness of parties to engage in settlement discussions. At the outset, we work to give you a realistic sense of the range based on the issues in your case.
Will Challenging A Will Cost More Than The Inheritance Is Worth?
It is a sensible concern to ask whether the cost of challenging a will might outweigh the likely benefit. The answer depends on the size of the estate, the strength of the potential claims, how many parties are involved, and how quickly the dispute can be resolved. In some situations, early negotiated solutions can help control costs, while in others, the issues are serious enough that more extensive litigation is considered worthwhile. During a free consultation, we talk with you about the potential value at stake and the types of work a case like yours may require, so that you can weigh cost and benefit before deciding how to proceed.
What If I Am An Executor Being Accused Of Mishandling The Estate?
If you are serving as an executor or administrator and someone accuses you of mishandling the estate, it is important to seek legal guidance promptly. Fiduciaries in New York have duties to collect estate assets, pay valid debts, keep accurate records, and distribute property according to the will or law. Allegations may arise during an accounting or when beneficiaries feel they have not received information or distributions they expected. We work with fiduciaries to review records, clarify their obligations, respond to objections in Surrogate’s Court, and, when appropriate, present evidence that their actions were consistent with their duties.
Can Your Firm Handle Complex Estates With Trusts, Businesses, Or Tax Issues?
Our firm is structured to assist with complex estates that involve trusts, closely held businesses, significant real estate holdings, or substantial tax considerations. We focus on the intersection of trusts, estates, and tax planning and also handle related areas such as real estate and civil litigation. This combination allows us to address disputes that involve, for example, the valuation of a family business, the interpretation of trust provisions with tax consequences, or overlapping property and contract rights. In contested matters, we work to understand both the legal and financial dimensions, so that litigation strategy takes the full picture into account.
How Involved Will I Need To Be In The Court Process?
The level of your personal involvement in the court process will depend on your role and the nature of the dispute, but most clients find that we handle the legal and procedural details while they participate at key points. We prepare and file court papers, communicate with opposing counsel, and appear at conferences and many hearings on your behalf. You may need to assist with gathering documents, answering questions about the facts, and, in some cases, testifying or attending important proceedings. Our attorneys explain what each step involves and help you prepare, so that you do not feel unprepared when your participation is required.
What Should I Bring To Our First Meeting About A Probate Dispute?
For a first meeting, it is helpful to bring any documents you have that relate to the estate or trust and your concerns. This may include copies of the will, trust instruments, codicils, prior estate planning documents, correspondence from the executor or trustee, and recent account statements. If you have received papers from the Surrogate’s Court, such as citations, petitions, or waivers, those are important for us to review. It can also be useful to bring a written timeline of key events and a list of questions you want to cover. Even if you do not have every document, we can use what you provide to start analyzing your options.
Talk With Our Longstanding Probate Litigation Team
Facing a dispute over a loved one’s estate is stressful, and it can be hard to know where to turn or what to do next. You do not have to navigate complex Surrogate’s Court procedures, family tensions, and financial questions alone.
At Blumberg, Cherkoss, Fitz Gibbons, Blumberg, we draw on nearly 90 years of serving this community, a multi-partner structure, and integrated trusts, estates, tax, and litigation capabilities to help clients address contested probate matters with care. We take the time to understand your goals, explain your options in clear terms, and work with you to choose a path that fits your situation.
We offer free consultations so you can speak with an attorney about your probate dispute and learn how we may be able to assist.
Contact us at (631) 449-7699 to schedule your free consultation with our reliable probate litigation lawyer in Long Island and start your journey toward a clearer, more secure future.