How does an intestate succession differ from a will contest?
An intestate succession is the law that governs how a person’s estate is distributed after they have passed away and have left no will. In New York, intestate succession law determines who the deceased’s legal heirs will be and how much of the estate each will inherit. A will contest is when a person challenges the validity of a will in court. Someone might challenge a will if they believe that it was signed under duress, that the testator (the person writing the will) was not of sound mind when they signed it, or that the will is forged. The purpose of an intestate succession is to ensure that the deceased’s property is dispersed to their rightful heirs, regardless of whether a will is involved. In a will contest, the purpose is to determine whether a will is valid. If the court rules that the will is invalid, then an intestate succession will be used to determine who will inherit the deceased’s estate. To summarize, an intestate succession is the law that governs how a deceased person’s property is distributed when they have not left a will. A will contest is when someone challenges the validity of a will in court. Intestate succession is used to ensure that the deceased’s property is dispersed to their rightful heirs, while a will contest is used to determine the validity of a will.
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