Discovery will typically be tailored to the nature of the objections to probate that are asserted in the objection to probate.
Once a person decides to object to the probate of a will, the objectant will typically file an objection to probate of the will. Depending on the jurisdiction, the specific pleading will need to set out, at least generally, the basis for the objections. Once a responsive pleading objecting to the probate of the will has been filed, the proponent of the will (or any other interested party) may make a motion to dismiss the objection on applicable grounds. This video reviews the steps in the discovery phase of objections and the relevant documents needed and discusses red flags for identifying potentially incapacitated or unduly influenced persons.
Steven H. Holinstat
Proskauer Rose LLP
- Vice-chair of Proskauer Rose LLP’s Fiduciary Litigation Group, and is a senior counsel in Proskauer’s litigation department
- Proskauer has received Tier One rankings for trusts & estates litigation by U.S. news rankings
- Broad and diverse background in all aspects of high-stakes commercial litigation
- He is one of the firm’s principal fiduciary litigators, is the lead litigator in a number of high net worth trust and estate matters, and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation
- Aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD) and the International Chamber of Commerce
- Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation
- He is also a member of the Surrogate’s Court Committee of the NYS Bar Association, and the Litigation Committee of the NYC Bar Association
- Can be contacted at [email protected] or 212-969-3104
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