In the emotional tumult following a passing it is common for disagreement to arise regarding property and other matters between friends and family members. Jealousy and greed can cause bitter family feuds for years to come. It is for this reason that, at the very least, all New York residents need a will to ensure that loved ones are taken care of in the manner you see fit.
It is critical not to think that just any document will suffice as a will. There are very specific legal rules regarding what documents will be used by the court to settle these matters, and will contests are startlingly common. In order to have a valid will in New York, the documents must be signed in front of a minimum of two witnesses; the witnesses must sign the document in front of each other; the person whose will it is must be of sound mind; and the person cannot be under any undue influence or duress.
Will contests are not isolated only for those in dire financial straits, disputes can arise even among those who do not have any financial need at all.
For example. a high-profile inheritance lawsuit taking place in New Jersey's Hackensack Civil Court, Revlon billionaire Ron Perelman's daughter, Samantha Perelman, is suing her uncle, Jamie Cohen, for almost $600 million from her grandfather, Robert Cohen's, estate. Despite being the daughter of a one of the richest men in the world, Samantha wanted anywhere from one-third to half of her grandfather's estate. A thirty carat jewel, lavish real estate and life insurance worth $30 million dollars that Robert Cohen left Samantha were not enough for the 23 year old.
Samantha and her lawyers argued that she is entitled to a larger piece of her grandfather's estate as a matter of right. A Superior Court previously ruled that it was unreasonable to say that Robert Cohen was obligated to leave Samantha with one-third to half of his entire state. Additionally, Samantha and her expensive legal team tried to get her grandfather's will voided by arguing that he was not legally competent when he made the will. This line of argument was also rejected by past courts.
It will be interesting to see how this case turns out. Samantha Perelman has lost all 18 court decisions so far, between three states and five different courts, all before her grandfather passed away. Additionally, Samantha also lost an appeal in October of this year.
Protect Your Estate With A Will
As this case illustrates, wills can be a source of contention in families and cause years of feuding between family members and loved ones. Estate disputes are not exclusive to the rich; people from all walks of life can be affected. In order to avoid (or mitigate) such a result, you should incorporate a properly drafted will and perhaps use of trusts into your estate planning. This can also cut down on future legal disputes.