Practice area
Estate and trust litigation
Some disputes cannot be settled quietly. When a matter has to be litigated, it should be litigated deliberately, with a clear view of what the outcome is worth and what it will cost to get there.
Levy Law & Mediation Firm, P.C. represents parties in contested Surrogate's Court proceedings and related litigation, including disputes over capacity, undue influence, the conduct of fiduciaries and contested accountings. The firm also handles appeals of Medicaid and Medicare benefit determinations and fair hearings. Because Suzanne Levy both litigates these matters and serves as a court-appointed mediator in them, engagements begin with an honest assessment of whether the dispute is one that should be tried or one that should be resolved.
When families come to us about this
You believe a will does not reflect the person you knew
Documents signed late in life, particularly during a health crisis, sometimes reflect pressure rather than intention. Whether that can be established is a factual question worth examining carefully.
A fiduciary is not accounting properly
Where an executor, administrator or trustee will not provide information or appears to be handling assets improperly, there are mechanisms to compel an accounting and to seek removal.
You are the fiduciary being challenged
Executors and trustees who have acted properly are still sometimes accused of not having done so. Defending an accounting is its own discipline.
A benefits determination was wrong
Medicaid and Medicare denials and reductions have defined appeal routes, up to and including hearings before an Administrative Law Judge.
How the process works
The sequence below is typical, though most matters resolve before reaching the end of it.
- AssessmentWhat actually happened, what can be proved, what the realistic range of outcomes is, and what pursuing it will cost in fees and in time. This conversation happens before anything is filed.
- Pleadings and motionsDrafting the pleadings, motions and supporting memoranda that frame the dispute for the court.
- DiscoveryObtaining documents and testimony. In capacity and undue influence matters, medical records and the circumstances surrounding execution of the document are usually where the case is won or lost.
- Mediation or a court referral to mediateLitigation frequently reaches a point where the judge directs the parties to mediate. Where that is likely, it is better to have anticipated it than to be surprised by it.
- Hearing or trialOral argument, examination of witnesses, and trial of the contested issues where the matter does not settle.
- Appeal where appropriateSurrogate's Court determinations can be appealed. Suzanne serves as a Special Master handling Surrogate's Court appeals for the Appellate Division, Second Department, and knows that process from both sides.
Recurring patterns in contested estates
Estate disputes are varied but they are not infinitely varied. The following situations recur constantly.
- A document signed during a medical crisis, when the signer's capacity and independence are both open to question.
- A power of attorney used to move assets or change beneficiary designations for the benefit of the person holding it.
- One family member who had exclusive access to a parent in their final period, and no independent record of what was discussed.
- A fiduciary who will not provide an accounting, or whose accounting does not reconcile.
- Estate assets used for a fiduciary's personal benefit, or simply not kept separate.
- Beneficiary designations that conflict with what the will says.
- A long-running family conflict that has finally attached itself to a legal claim, where the legal claim is not really the substance of the dispute.
Where we handle these matters
Contested estate and trust matters are heard in the Surrogate's Court for the relevant county. The firm litigates from Great Neck and Manhattan across Nassau, New York, Queens, Kings, Westchester and Suffolk Counties, with appellate work in the Appellate Division, Second Department.
Estate Litigation: common questions
More questions are answered on the firm's FAQ page.
On what grounds can a will be challenged in New York?
The usual grounds are that the person lacked the capacity to make a will, that they were unduly influenced by someone else, that the document was not executed with the formalities New York requires, or that it is a forgery. Each has to be established with evidence, and dissatisfaction with the outcome is not itself a ground.
What does undue influence mean in practice?
Broadly, that someone in a position of influence over the signer overcame their free will so that the document reflects that person's wishes rather than the signer's own. It is rarely proved by a single document. It is usually established through the pattern of circumstances, such as isolation from other family members, dependency, who arranged the signing, and how far the result departs from what the person previously intended.
Should we litigate or mediate?
It depends on the dispute, and it is the first question we address. Litigation is public, slow and expensive, and in an estate matter the fees are often paid out of the very assets in dispute. Mediation is confidential, faster, and lets the parties determine the outcome themselves. Some matters genuinely have to be tried. Many do not, and it is worth knowing which category yours is before committing to years of litigation.
How do I get an executor to account for the estate?
A beneficiary can seek to compel an accounting through the Surrogate's Court. Where an accounting has been provided but does not reconcile, it can be contested, and in serious cases removal of the fiduciary may be sought. The first step is establishing what you are actually entitled to receive as a beneficiary.
Can you predict how my case will turn out?
No, and you should be cautious of anyone who says otherwise. Every matter turns on its own facts, evidence and forum, and past results do not indicate what will happen in another case. What we can give you is a candid assessment of the strengths, the weaknesses and the likely cost before you commit to a course of action.
Facing a contested estate, trust or guardianship matter?
Most families come to us with a decision that already feels overdue. A first conversation is about understanding where you actually stand and what your options are.