Probate & Trust Litigation Attorneys in Staten Island, NY

At Angiuli & Gentile, LLP, we represent clients in some of the most sensitive and emotionally charged legal matters—those involving disputes over the estate of a loved one. Whether you are dealing with a contested will, concerned about executor or trustee misconduct, or unsure how to navigate probate court, our attorneys are here to guide you through every step of the process.

We serve individuals and families throughout Staten Island and New York City, delivering clarity, legal protection, and resolution during difficult times.

What Is Probate and Trust Litigation?

Probate and trust litigation involves legal disputes over the administration or distribution of a deceased person’s estate.

Probate Litigation Defined

Probate litigation typically involves challenges to the validity of a will or to the actions of the executor. Common claims include undue influence, lack of capacity, forgery, or failure to act in the estate’s best interest.

Trust Litigation Defined

Trust litigation involves disputes regarding the administration of a trust. This includes accusations that a trustee failed in their fiduciary duties, mismanaged trust assets, favored certain beneficiaries, or otherwise violated the terms of the trust.

Common Reasons for Estate Disputes

Estate-related disputes arise for a variety of reasons. Some of the most common include:

Contested Wills

Wills may be contested if there is reason to believe they were not properly executed, or that the person creating the will lacked mental capacity or was unduly influenced. We help clients challenge or defend the validity of wills in Surrogate’s Court.

Undue Influence

A will or trust may be invalidated if someone used pressure or manipulation to influence the terms. These cases often involve vulnerable elderly individuals and require detailed investigation and strong legal evidence.

Executor Misconduct

Executors are legally obligated to act in the best interests of the estate and its beneficiaries. When they fail—by withholding information, misusing funds, or delaying administration—we help clients hold them accountable.

Trustee Mismanagement or Breach of Duty

Trustees have significant control over trust assets and must follow strict legal standards. If a trustee breaches their fiduciary duty, mismanages funds, or acts in bad faith, legal action can be taken to remove them and recover lost assets.

Beneficiary and Inheritance Disputes

Disagreements among heirs and beneficiaries are common, especially when expectations about inheritance don’t align with the terms of the will or trust. These disputes can escalate quickly and require legal intervention to resolve.

Objections to Probate Accounting

Executors and trustees must provide detailed accounting to beneficiaries. If the information provided is incomplete or misleading, formal objections may be filed in court to demand accountability and corrections.

Intestate Estate Conflicts

When someone passes away without a valid will, their estate is considered “intestate.” Distribution follows New York’s statutory rules, but disputes may still arise over administration, heirship, or asset valuation.

Your Rights as an Heir or Beneficiary

As a beneficiary or heir, you are entitled to:

• Timely and accurate updates about the estate or trust
• Access to financial records and formal accountings
• Equal and fair treatment under the law
• Legal remedies if an executor or trustee breaches their duty

If you feel that your rights are being ignored or violated, our attorneys will help you take the necessary legal steps to protect your interests.

Understanding the Legal Process

Estate disputes follow a formal legal process. Here’s what you can expect when you work with our firm:

Step 1: Initial Evaluation

We review all estate documents, financial records, and correspondence to understand the facts and assess your legal position.

Step 2: Filing Petitions or Claims

If a dispute exists, we file the appropriate legal documents—whether to contest a will, object to a trust accounting, or seek removal of a fiduciary.

Step 3: Investigation & Discovery

Through legal discovery, we obtain documents, take depositions, and identify evidence to support your position in the case.

Step 4: Mediation or Settlement Negotiation

Many estate disputes can be resolved out of court. We aim to reach a favorable resolution through negotiation when possible to reduce time and cost.

Step 5: Court Litigation (if necessary)

If settlement is not possible, we are fully prepared to litigate your case in Surrogate’s Court, presenting evidence and advocating on your behalf.

Step 6: Enforcement of Court Orders

Following a successful outcome, we work to ensure compliance with court rulings, including asset distribution or fiduciary removal.

How Long Does Litigation Take?

Estate litigation timelines vary depending on the case. Factors include:

• The number of parties involved
• The complexity of estate documents
• Whether mediation is attempted
• Whether assets are easily identifiable

Some cases resolve in a few months, while others may take over a year. We keep clients informed throughout and always aim for efficient, effective resolutions.

Do You Need a Lawyer?

If you’re asking questions like:

• “Can I sue an executor for mishandling the estate?”
• “What are my rights as a trust beneficiary?”
• “How do I remove a trustee who breached their duty?”

…then the answer is likely yes.

These are complex legal issues governed by strict timelines and procedural rules. Our attorneys bring the experience, attention to detail, and legal acumen needed to protect your rights and achieve results.

Why Choose Angiuli & Gentile, LLP?

We are not just estate litigators—we are trusted advisors who understand the emotional and financial toll these disputes can take. Here’s why clients choose us:

Deep Experience

With decades of combined legal experience, our attorneys have successfully handled a wide range of probate and trust disputes, from routine will contests to high-asset fiduciary litigation.

Client-Focused Representation

We provide personalized legal strategies based on your specific circumstances and goals. Every client receives direct access to an attorney and timely communication throughout the case.

Strong Reputation

We are respected in the New York legal community for our litigation skill, ethics, and results. Our firm is known for resolving tough cases while minimizing harm to family relationships.

Frequently Asked Questions About Probate & Trust Litigation

What is the difference between probate litigation and trust litigation?

Probate litigation typically involves disputes over a deceased person’s will, such as contests to its validity, interpretation issues, or executor misconduct. Trust litigation, on the other hand, involves legal conflicts related to the administration of a trust, including claims against a trustee for mismanagement or breach of fiduciary duty. Both can result in court proceedings and often involve complex family dynamics.

Can I contest a will in New York?

Yes, you can contest a will in New York if you are an interested party—such as a disinherited heir or named beneficiary—and have legal grounds. Common reasons to contest include undue influence, lack of testamentary capacity, fraud, or improper execution of the will. Contests must be filed in Surrogate’s Court and are subject to strict deadlines, so it’s important to act quickly.

How do I remove an executor or trustee?

If an executor or trustee is not fulfilling their duties—whether through negligence, misconduct, or conflict of interest—you may petition the Surrogate’s Court for their removal. You’ll need to demonstrate a breach of fiduciary duty, such as failing to distribute assets, withholding information, or mismanaging funds. Our attorneys can help gather the necessary evidence and file the appropriate legal documents.

What are my rights as a trust beneficiary?

As a beneficiary of a trust, you have the right to:

• Be informed about the existence and terms of the trust
• Receive periodic accounting and financial reports
• Be treated fairly and impartially by the trustee
• Challenge any trustee actions that are improper or illegal

If you believe your rights are being violated, you may have legal grounds to take action.

How long does probate or trust litigation take?

The length of litigation depends on the complexity of the case, the number of parties involved, and the willingness to settle. Simple disputes may be resolved in a few months, while more complex cases involving high-value estates or contested wills can take a year or more. Mediation or early settlement may shorten the process.

Contact Angiuli & Gentile, LLP Today

If you’re facing or anticipating a dispute over a will, trust, or estate, don’t wait to get legal help. The sooner you act, the more options you’ll have for resolving the issue effectively.

Contact Angiuli & Gentile, LLP today to speak with an experienced probate and trust litigation attorney.