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New York, NY(212) 365-4875
Clemenza Concierge

Wills, trusts and inheritances · estate litigation

When a family's money and a family's grief arrive together

Your mother always said the house would be split three ways. The will read after the funeral leaves almost everything to the neighbor who started driving her to appointments last year. Or your brother is the executor, and months later nobody has seen a bank statement, and the accounts look thinner every time you ask. These disputes are about money, but they're never only about money.

We look at two kinds of case: a challenge to a will where the estate is large enough for a court fight to make sense, and getting money back from an executor, trustee or relative who took it or mismanaged it. Both come with procedures and time limits that can be unforgiving. Tell us what happened, and a lawyer at our firm will look at your case.

Tell us what happened

This may be for you if

  • I think my parent's will was changed when they couldn't understand it, or under pressure from someone, and a lot is at stake.
  • I was left out of a large estate, or left far less than I was always told.
  • The executor or trustee won't account for the money, and I think some of it is gone.
  • A relative used a power of attorney to move a parent's money to themselves.
  • The person in charge sold estate property to themselves or their friends, or paid themselves more than they were allowed.

What we do, and what we do not

We do

  • A lawyer at our firm looks at your case and at two things first: how much is at stake, and which state's law is likely to control it, which usually depends on where the person who died lived.
  • When another firm is better placed to lead your case day to day, such as one that practices in the court handling the estate, we choose that firm for you, from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

We do not

  • We don't promise that a will can be overturned, that money will come back, or what share you'll receive.

Two firms on your side, for the cost of one

When another firm leads your case, you have two law firms on your side, and it costs you no more than one firm would. The firm leading it day to day is one that practices in the court handling the estate, and it's your first call for questions about the case. Our firm stays responsible for your case with them for as long as it lasts: we check in often, keep our own calendar of its deadlines, and we're who you write to if something doesn't feel right.

You decide whether to go ahead, and nothing happens until you say yes.

How it works, step by stepHow fees work, and how they are shared

Problems we often hear about

  • Challenging a will

    A will over a sizable estate, signed under pressure, by someone who could no longer understand it, or not signed properly at all.

  • Money an executor, trustee or relative took

    The person in charge of an estate, a trust or a parent's finances took money, favored themselves, or let it drain away.

What helps to have ready

  • A copy of the will or trust, and any earlier versions you know of.
  • The name of the court handling the estate and any case or file number.
  • Letters or notices from the executor, trustee or their lawyer.
  • What you know about the assets: the house, accounts, investments, life insurance.
  • Anything that shows the person's health or state of mind when the documents were signed.
  • Names of people close to the person in their final years.

Questions people ask

Is it too soon to do anything? We only just buried him.

Grief takes the time it takes, and nobody should rush you. But court deadlines don't wait for grief. If you think something is wrong, have a short, quiet conversation with a lawyer early, even if you then decide to do nothing.

The will says anyone who challenges it gets nothing. Does that stop me?

Not necessarily. A clause like that is called a no-contest clause. Whether it applies, and what counts as a challenge, depends on the state and the wording; some steps, such as asking for information, may not count. Have a lawyer read it before you do anything.

The assets were in a trust, not a will. Is that different?

Yes. A trust often avoids probate (the court process for handling a will), so there may be no court file at all. But trustees still owe duties to beneficiaries, including keeping them informed, and those duties can be enforced.

What does it cost?

It costs nothing to ask. Firms that take these cases on a contingency fee, a share of what's recovered, generally do so where the estate is large or there's clear money to get back. In New York, the Surrogate's Court, the court that handles estates, can set the lawyer's fee in an estate case.

Will this destroy my family?

It can strain it, and we won't pretend otherwise. Estate disputes can end in a negotiated agreement or in mediation rather than a trial. Your lawyer can talk with you about ways to keep the temperature down.

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.