1. Probate Attorney New York Reviewing the Background of the Dispute
The client had relocated to island to care for his father during his final years, providing continuous support that other siblings did not.
The father executed a handwritten will reflecting his intention to leave a larger inheritance to the caregiving child.
When probate began, siblings contested the document, prompting the client to seek legal protection and verification of the will.
Caregiving Circumstances and Intent Behind the Will
The father’s decision to draft a handwritten will was closely connected to the client’s long period of caregiving.
Under New York law, a handwritten or holographic will is generally valid only under specific circumstances, including compliance with basic testamentary requirements such as intent, capacity, and proper execution.
The probate attorney documented the father’s reasons for unequal distribution, demonstrating that the will was not produced under pressure but was a deliberate expression of gratitude and final intent.
Initial Family Objections and Procedural Challenges
The siblings argued that the father would not have chosen unequal distribution, raising allegations of undue influence and questioning the authenticity of the handwriting.
The attorney responded by gathering correspondence, medical records, and contextual evidence to illustrate the father’s consistent intent.
In addition, handwriting samples were prepared to support a potential forensic comparison, anticipating judicial scrutiny during probate.
2. Probate Attorney New York Preparing and Filing the Probate Petition
Before filing the probate petition, the attorney examined whether the document met New York’s testamentary standards, particularly regarding authenticity and the circumstances of execution.
The attorney prepared all required filings, ensuring that the Surrogate’s Court received a complete record supporting the will’s validity.
The attorney reviewed the handwritten will alongside surrounding notes and communications to confirm testamentary intent.
New York probate courts evaluate a handwritten will carefully, particularly when it deviates from traditional execution requirements.
The attorney prepared affidavits detailing the father’s physical and mental condition at the time of drafting and assembled timelines to reinforce the naturalness of the distribution.
Demonstrating Compliance with New York Requirements
Although New York generally requires wills to be witnessed, the attorney clarified the specific context of this handwritten will and provided the court with supporting evidence demonstrating authenticity, voluntariness, and clear intent.
The filing included documentation of the setting where the will was written, the father’s health condition, and corroborating facts establishing that the document accurately reflected his wishes.
3. Probate Attorney New York Addressing the Siblings’ Objections
Once the probate petition was submitted, the siblings filed formal objections, triggering an evidentiary review by the court.
The probate attorney responded systematically, countering each objection with verified evidence and legal arguments grounded in state law.
The attorney emphasized that the caregiving arrangement alone does not imply undue influence under New York standards.
Evidence showed the father maintained independence in decision making and clearly articulated his intentions to multiple individuals.
The attorney also outlined the factual basis confirming the will’s authenticity, including handwriting consistency and personal circumstances at the time of drafting.
Preserving the Decedent’s Intent Through Evidentiary Support
New York Surrogate’s Courts prioritize effectuating the testator’s true intent.
The attorney submitted detailed statements explaining the father’s motivations, the caregiving history, and the fairness perceived by the decedent.
This contextual framework guided the court toward recognizing the will as a valid expression of the decedent’s free will.
4. Probate Attorney New York Securing the Court’s Recognition of the Will
After reviewing the petition, supporting documents, and objections, the court accepted the handwritten will as valid and enforceable.
The probate attorney ensured that the client could proceed with estate administration under the terms set forth by the decedent.
The court found the will sufficiently reliable and reflective of the father’s final wishes.
By establishing authenticity and demonstrating the absence of coercion or manipulation, the attorney secured a favorable ruling.
With the will admitted to probate, the client proceeded to administer the estate according to the handwritten instructions.
Our probate attorney can provide legal assistance with will probate, asset distribution, and more, so please feel free to contact us anytime.
11 Dec, 2025
