Can someone challenge an intestate succession after the estate has already been distributed?

Yes, someone can challenge an intestate succession even after the estate has been distributed. In New York, an executor of an estate has a fiduciary duty to the beneficiaries of the estate, meaning they must act in the best interests of the beneficiaries. If the executor fails to fulfill this duty, the beneficiaries may challenge the distribution of the estate. For example, if the executor used estate funds for their own personal benefit without the consent of the beneficiaries, the beneficiaries may challenge the distribution. Additionally, beneficiaries may challenge an intestate succession if they have evidence that the deceased person’s wishes were not met. For example, if a court record or will shows that the deceased wanted a certain asset to be given to a specific individual, and the executor did not follow these instructions, the beneficiary may challenge the original distribution. Finally, if the executor of the estate does not follow the distribution guidelines set by New York intestate succession laws, the beneficiaries may challenge the distribution. For example, if the executor has distributed estate funds in a way that does not follow New York’s rules regarding how assets should be divided among certain classes of relatives, the beneficiaries have the right to challenge the distribution. In any case, it is important to note that it can be difficult to challenge an intestate succession after the estate has already been distributed. Challenging a distribution from an estate typically requires a considerable amount of time and money, so it is important to weigh the costs and benefits of doing so carefully.

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