Coughlin & Gerhart LLP
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Coughlin & Gerhart LLP
Estate & Wills Dispute Litigation

Estate & Wills Dispute Litigation

Estate and Wills Dispute Litigation Attorneys

In New York, Surrogate’s Court is the Court which resolves disputes involving a disposition of a decedent’s property and claims against the decedent’s Estate. Normally, a decedent’s property is distributed without incident under the terms of a Will or, if there was no Will, as the law requires. Although rare, Surrogate’s Court will oversee trials and other contested hearings involving, for example, whether a Will was properly executed, or is genuine (“Will contest”), whether a particular person should inherit property, and whether an Estate representative acted properly in administering the decedent’s Estate.

Effective Surrogate’s Court practice is not for everyone. But Coughlin & Gerhart LLP has highly experienced lawyers who regularly appear before the Surrogate.

Contact Coughlin & Gerhart LLP: Offices in Binghamton, Ithaca, and Throughout the Region

If you have a dispute that involves the proper disposition of a decedent’s Estate, or if you have a claim against an Estate, please contact us at (607) 821-2202, toll free 800-646-3420, or send an email for a consultation.

Our Practice Areas

Our Litigation & Trial Experience

  • Due to strict confidentiality agreements or client preferences in some cases, we are unable to report some of our other successes for additional figures or examples in certain practice areas and categories, but the following is a small sampling of some of our successes.
  • Have argued and won a number of important cases and appeals for clients before New York state and federal courts, including but not limited to the New York Court of Appeals and the U.S. Court of Appeals for the Second Circuit.
  • Two recent appellate wins include two decisions from the New York Court of Appeals which created new law in the area of Labor and Employment Law and are now widely cited by other attorneys and courts.
  • Obtained $435,000 arbitration award in an Intellectual Property matter for a company whose trade secrets were stolen by a would-be business partner.
  • Secured $325,000 verdict in a Professional Negligence matter against accounting firm that failed to detect the theft of a bookkeeper, which led to a company’s bankruptcy.
  • Regularly represent lenders in Bankruptcy on successful motions for relief from automatic stays, on reaffirmation agreements, and other bankruptcy motions to enforce their rights and recover collateral and past due funds.
  • Defended and negotiated favorable results for numerous lenders/creditors accused of violating bankruptcy stays after inadvertent communication with debtors.
  • Successfully represented primary lender in an $87 million Chapter 11 Bankruptcy filing by its customer, including preservation of lender’s First Secured Position with borrower and successor entities.
  • Regularly represent individuals, businesses, and lenders in all phases of collection and judgment enforcement, including bankruptcy, judicial sales, and foreclosure.
  • Regularly obtain favorable resolutions for organizations involved in a wide range of conflicts, including disputes with other businesses over the terms of sales contracts, accusations of unfair competition, breach of contract claims, contractor and subcontractor disputes, and other conflicts that arise between businesses.
  • We also regularly advise businesses in response to internal disputes, including partnership disputes, shareholder disputes, employer-employee issues, and other matters that affect the operations of a business.
  • Represent and defend businesses and individuals receiving subpoenas for documents and information to minimize their costs and protect their rights.
  • Regularly obtain favorable settlements and resolutions in Estate & Wills Dispute Litigation matters, with attorneys who regularly appear before the Surrogate’s Court.
  • Have represented numerous clients to favorable resolutions in copyright and patent infringement litigation, trademark litigation, computer software piracy, and other litigation involving Intellectual Property.
  • Regularly represent and obtain favorable resolutions for individuals, lake and property owner associations, lenders, and title insurance companies, in all kinds of complicated and serious Real Estate disputes, including sales contract disputes, easement and boundary line claims, unresolved lien issues, and other title problems
  • Also see our “Accidents & Personal Injury” section and other sections on this page for other types of “Litigation & Trial” successes not listed here.