Will Contest Representation Across Ohio
If you have any doubts about the validity of the will or whether or not that will expresses your loved one's true intentions, then you need to begin asking questions and seeking answers as soon as possible. Your ability to uncover the truth will only diminish as time passes. The law in Ohio requires those challenging the validity of a will to file their claim within 3 months. At The Zigray Law Office, LLC, we have almost two decades of legal experience helping people find the answers to their questions about inheritance and succeeding in bringing the intentions of their loved ones' will to light and enforcing them.
Our focus is exclusively on probate litigation. We do not practice estate planning or estate administration. That focus has allowed us achieve a solid record of success for our clients in challenging wills and, if necessary, also defending will contests.
The Courtroom May be the Best Place to Find Answers
Many trial attorneys do not practice probate law due to its different rules. Many probate attorneys lack trial experience and are not comfortable with aggressive courtroom tactics. That is all we have done for over a decade. Do you feel that your loved one's true last wishes were not accurately reflected in their will?
Common scenarios and questions that are typical include:
- Were there any last minute changes to the will?
- Were any changes made to the will while the person was suffering an illness, such as Alzheimer's disease or dementia, that may have affected their judgment?
- Were changes made to the will while the person was under court guardianship?
- Did a new attorney make changes to the will, as opposed to the person's long-time attorney?
- Has only one of the children inherited everything?
- Has a second spouse inherited everything, excluding children from a previous marriage?
We Have the Capacity to Deal with More Than Just a Will Contest
Often what may initially appear to be questions regarding the validity of a will can evolve into a variety of other types of disputes.
- Is a trust involved?
- Were there changes made to life insurance or investment account beneficiary designations?
- Were there changes made to survivorship rights on bank accounts?
- Is the inheritance of a farm at question?
- Was any property suspiciously made into a gift while your loved one was still alive?
- Were any assets concealed by a trustee or executor or was their transfer denied for some reason?
- Is a loved one in need of the protection offered by a guardianship?
- Has someone abused a power of attorney in a breach of fiduciary duty?
- Is a term in a will or trust unclear and in need of clarification by a judge?
Grounds on Which to Base a Will Contest
There are various grounds on which you can challenge a will in Ohio. We have a great amount of experience at obtaining the evidence necessary to be successful in overturning a will. The most common grounds are undue influence and lack of mental capacity (incompetency).
- Undue influence in the making of a Will - This can be best described as a person pressuring someone to grant him or her assets in the will that would not have happened except for the pressure.
- Mental incapacity (incompetency) comes into question when mental issues such as Alzheimer's, dementia, and other mental issues such as depression or memory loss affect the ability of the person to make clear choices regarding who should inherit their estate.
- Fraud, duress and mistake are other legal theories upon which a will challenge can be based.
Our law firm is based in the Toledo area and serves clients throughout Ohio. We handle the majority of our Ohio will contest cases on a contingency fee basis. Call 419-897-7999 to speak with an experienced probate litigation lawyer. You may also contact us online. We offer free, in-home initial consultations anywhere in Ohio.