Articles Posted in Will Contest

When a will is challenged decades after it was signed, objectants often argue that witness memory problems, missing records, or allegations of undue influence should prevent probate. In Matter of Jehle, the Richmond County Surrogate’s Court considered whether a 1997 will could be admitted to probate despite objections from the decedent’s daughter, who questioned the execution of the will, alleged undue influence, and argued that the destruction of the decedent’s belongings raised concerns about other testamentary documents. The court ultimately granted summary judgment admitting the will to probate and dismissed the objections.

Background facts

Jeffrey M. Jehle died on February 14, 2022, a resident of Richmond County. He was survived by his two daughters, Amanda Jehle and Jennifer Jehle, and his brother, William Jehle.

Challenging a will in New York requires more than simply believing that the will does not reflect what a loved one wanted. The person contesting the will must present evidence supporting legally recognized grounds, such as lack of mental capacity, undue influence, fraud, or improper execution. In Matter of Sparozic, the Suffolk County Surrogate’s Court considered whether two daughters had presented enough evidence to require a trial after they challenged their father’s will.

Background

Jean Sparozic died in January 2020, leaving behind three daughters: Wendy Dirkes, Jill Morrison, and Suzy Sparozic. In 2022, Wendy asked the Suffolk County Surrogate’s Court to admit her father’s 2013 will to probate. Probate is the legal process of proving that a will is valid and giving the executor authority to administer the estate.