Can You Sue An Estate In NY?

Share This Post

When dealing with the estate of a deceased person, various complexities may arise, leading to disputes among beneficiaries, creditors, or other interested parties. If you find yourself in a situation where you believe you have a valid claim against an estate, you may wonder whether you can sue the estate in New York (NY). Understanding the legal process and your rights is crucial to protect your interests and seek a fair resolution. Morgan Legal Group PLLP, a reputable law firm based in New York City, provides a comprehensive guide on suing an estate in NY. This detailed blog will explore the legal process, complexities, requirements, and value of seeking professional legal representation in estate litigation.

Understanding Estate Litigation

Before discussing the process of suing an estate, it is important to grasp the concept of estate litigation:

1. Estate Litigation Definition

Estate litigation refers to legal disputes or conflicts that arise during the administration or distribution of a deceased person’s assets.

2. Common Estate Litigation Issues

Estate litigation can involve various issues, such as will contests, claims against the estate, disputes among beneficiaries, allegations of executor misconduct, and challenges to the validity of the will.

Grounds for Suing an Estate in NY

To sue an estate in NY, you must have valid grounds for your claim. Common reasons for suing an estate include:

1. Will Contest

If you believe the will is invalid due to fraud, undue influence, lack of capacity, or improper execution, you may contest the will.

2. Breach of Fiduciary Duty

You can sue the estate’s executor or administrator if you suspect they have breached their fiduciary duty by mismanaging assets or acting in their own interest.

3. Claims Against the Estate

Creditors or individuals with valid claims against the deceased may file claims against the estate to seek payment.

4. Disputes among Beneficiaries

If beneficiaries disagree on the distribution of assets or have concerns about the executor’s actions, they may initiate estate litigation.

Statute of Limitations for Estate Claims

In New York, there are specific time limits, known as the statute of limitations, within which you must file a claim against an estate:

1. Will Contests

Generally, you have three years from the date of the will’s admission to probate to contest its validity.

2. Claims Against the Estate

Creditors and individuals with claims against the estate usually have seven months from the date of the estate representative’s appointment to file their claims.

3. Breach of Fiduciary Duty

Claims for breach of fiduciary duty may vary, but it is crucial to take prompt legal action if you suspect such misconduct.

The Process of Suing an Estate in NY

Suing an estate involves several important steps and legal procedures:

1. Consult with an Estate Litigation Lawyer

Seeking the advice of an experienced estate litigation lawyer is essential to evaluate your case’s merits and understand your legal options.

2. Gather Evidence

Collect relevant documents, records, and other evidence to support your claim and strengthen your case.

3. File a Petition or Claim

Depending on your specific claim, you may need to file a petition to contest the will or a formal claim against the estate.

4. Discovery Process

During the discovery process, both parties exchange information and evidence relevant to the case.

5. Mediation or Negotiation

In some cases, mediation or negotiation may be attempted to reach a settlement outside of court.

6. Litigation and Trial

If a settlement cannot be reached, the case may proceed to trial, where both parties present their arguments and evidence before a judge.

7. Court Decision

The court will make a decision based on the evidence presented and applicable laws.

Importance of Professional Legal Representation

Suing an estate can be a complex and emotionally challenging process. Seeking professional legal representation is essential for several reasons:

1. Expert Knowledge

Estate litigation lawyers possess extensive knowledge of estate laws and can guide you through the complexities of the legal process.

2. Case Evaluation

Lawyers can assess the strength of your claim and determine the most effective legal strategies.

3. Negotiation Skills

Experienced lawyers can skillfully negotiate on your behalf to reach a favorable settlement, avoiding the need for prolonged court battles.

4. Protection of Your Rights

Lawyers are dedicated to protecting your rights and safeguarding your interests throughout the litigation process.


In New York, it is possible to sue an estate under certain circumstances. Whether you are contesting a will, filing a claim against the estate, or alleging a breach of fiduciary duty, seeking professional legal representation is essential to navigating the complex estate litigation process successfully. For comprehensive legal assistance and expert guidance in estate litigation matters, contact Morgan Legal Group PLLP. Our team of experienced estate litigation lawyers is dedicated to providing you with the support and expertise needed to protect your rights and seek a fair resolution in suing an estate in NY.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

Got a Problem? Consult With Us

For Assistance, Please Give us a call or schedule a virtual appointment.
Estate Planning New York Lawyer Estate Planning Miami Lawyer Estate Planning Lawyer NYC Miami Lawyer Near Me Estate Planning Lawyer Florida Near Me Dental Near Me Lawyers Probate Lawyer Hallandale Beach Probate Lawyer Near Miami Estate Planning Lawyer Near Miami Estate Planning Attorney Near Miami Probate Attorney Near Miami Best Probate Attorney Miami Best Probate Lawyer Miami Best Estate Planning Lawyer Miami Best Estate Planning Attorney Miami Best Estate Planning Attorney Hollywood Florida Estate Planning Lawyer Palm Beach Florida Estate Planning Attorney Palm Beach Immigration Miami Lawyer Estate Planning lawyer Miami Local Lawyer Florida Florida Attorneys Near Me Probate Key West Florida Estate Planning Key West Florida Will and Trust Key West Florida local lawyer local lawyer mag local lawyer magazine local lawyer local lawyer elite attorney magelite attorney magazineestate planning miami lawyer estate planning miami lawyers estate planning miami attorney probate miami attorney probate miami lawyers near me lawyer miami probate lawyer miami estate lawyer miami estate planning lawyer boca ratonestate planning lawyers palm beach estate planning lawyers boca raton estate planning attorney boca raton estate planning attorneys boca raton estate planning attorneys palm beach estate planning attorney palm beach estate planning attorney west palm beach estate planning attorneys west palm beach west palm beach estate planning attorneys west palm beach estate planning attorney west palm beach estate planning lawyers boca raton estate planning lawyers boca raton probate lawyers west palm beach probate lawyer west palm beach probate lawyers palm beach probate lawyersboca raton probate lawyers probate lawyers boca raton probate lawyer boca raton Probate Lawyer Probate Lawyer Probate Lawyer Probate Lawyer Probate Lawyer Probate Lawyer best probate attorney Florida best probate attorneys Florida best probate lawyer Florida best probate lawyers palm beach estate lawyer palm beach estate planning lawyer fort lauderdale estate planning lawyer in miami estate planning north miami Florida estate planning attorneys florida lawyers near mefort lauderdale local attorneys miami estate planning law miami estate planning lawyers miami lawyer near me probate miami lawyer probate palm beach Florida trust and estate palm beach Miami estate law Estate lawyers in Miami