How Is A Will Contested In New York?

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Contesting a Will in New York and Its Impact on Medicaid Spend Down

When a loved one passes away, their will is typically the legal document that outlines how their assets and estate should be distributed. However, there are situations where individuals may want to contest the validity of a will. Contesting a will can have significant legal and financial implications, especially if Medicaid benefits are involved. In this article, we’ll explore how will contests in New York can impact Medicaid spend down.

Grounds for Contesting a Will in New York

Before delving into the impact on Medicaid spend down, it’s essential to understand the grounds on which a will can be contested in New York. Common reasons for contesting a will include:

  • Undue Influence: If there is evidence that the testator (the person making the will) was unduly influenced or coerced into making specific provisions in the will.
  • Lack of Capacity: It can be demonstrated that the testator lacked the mental capacity to understand the consequences of their actions when making the will.
  • Forgery or Fraud: If there are suspicions of forgery, fraud, or the will’s signature being tampered with.
  • Improper Execution: If the will was not executed in accordance with New York’s legal requirements.
  • Revocation: If there is evidence that the testator revoked the will or created a new one but it cannot be located.

Impact on Medicaid Spend Down

Contesting a will can be a lengthy and complex legal process. During this time, the deceased’s assets are often held in probate, awaiting the resolution of the will contest. This delay in asset distribution can impact Medicaid spend down in several ways:

  1. Asset Freeze: While the will is being contested, the assets specified in the will may be effectively frozen and unavailable for Medicaid spend down. This can hinder an individual’s ability to meet Medicaid’s asset limits and qualify for benefits.
  2. Protracted Legal Costs: Will contests can result in significant legal expenses for the estate. These expenses can reduce the overall value of the estate, affecting Medicaid eligibility if the spend down period is extended due to financial constraints.
  3. Extended Spend Down Period: If the assets remain tied up in probate due to a will contest, the Medicaid applicant may need to spend down their own resources to cover healthcare costs while awaiting a resolution. This can deplete personal savings.
  4. Loss of Medicaid Benefits: If the spend down period exceeds the individual’s resources, they may lose Medicaid eligibility altogether, resulting in the need to pay for healthcare and long-term care services privately.

Strategies for Mitigation

Given the potential impact on Medicaid spend down, it’s crucial to consider strategies for mitigation:

  • Mediation: In some cases, mediation or negotiation between parties contesting the will may lead to a faster resolution, reducing the impact on Medicaid spend down.
  • Expert Legal Guidance: Consulting with an experienced elder law attorney specializing in Medicaid planning and will contests can help navigate these complex situations.
  • Alternative Medicaid Planning: If the will contest appears likely to delay Medicaid eligibility, exploring alternative Medicaid planning options, such as irrevocable trusts or asset transfers, may be necessary.


Contesting a will in New York can have far-reaching consequences, especially when Medicaid benefits are at stake. The impact on Medicaid spend down, including asset freezes, legal costs, and extended spend down periods, should be carefully considered by those involved in the process.

At Morgan Legal Group, we specialize in elder law, Medicaid planning, and will contests in New York. Our team of experienced attorneys can provide expert guidance to help you navigate these complex situations while preserving your financial well-being. Contact us today to ensure you can access your healthcare without compromising your financial security.

For more information on how contesting a will can affect Medicaid spend down or to schedule a consultation with one of our experienced attorneys, please get in touch with Morgan Legal Group.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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