Maumee Probate Litigation Blog
How can I challenge a revocable living trust?
Many people set up revocable living trusts to provide themselves with an opportunity to control the fate of their properties and to help their loved ones avoid probate upon their death. Assets that may go into the name of the trust include homes, accounts and even...
Proving, or disproving, testamentary capacity to make a will
As with any legal document, when creating your will the law requires that you have the mental ability to do so. This does not mean that you have to be an expert on estate planning. It means that when you draw up your will, you must understand what its terms mean for...
A guardian may not always make care a priority
Many older individuals reach stages in life when they can no longer care for themselves. In some cases, it may be necessary for Ohio courts to appoint a guardian for an elderly individual to ensure that he or she receives proper care. Unfortunately, not all people...
The drawbacks to will contests
It is not uncommon for the contents of a loved one’s will to disappoint at least one prospective heir. The disappointment may stem from receiving a smaller portion than anticipated or from being cut out of the will altogether. Blended families, multiple marriages and...
When to challenge a will
Probate litigation has opened many doors for those who are looking to challenge wills. There are plenty of instances when someone would rely on this but usually the court choose to pass the wills since they consider it to be the testator’s voice expressing his or her...
What are common elements of undue influence?
Individuals work hard to develop a comprehensive estate plan to ensure the proper distribution of property when they pass away. Unfortunately, many people can suffer the effects of undue influence without even realizing they are being manipulated. What is undue...
When to consider removing a conservator
Appointment to conservatorship is a huge responsibility. Unfortunately, some people seek ways to abuse this power rather than to work to protect the person whose needs they’ve been appointed to serve. Although family members and others close to the conservatee might...
Do this to avoid a life-insurance beneficiary dispute
Are you one of the millions of Americans who have gotten remarried after a divorce or gone through another major life change? If your answer is yes, take a moment to consider if you have kept your beneficiaries up to date on your life insurance policy. Keep your...
What are oil and mineral rights?
Wills and trusts are meant to protect an individual’s estate and make sure it is given to the right people. This isn’t always limited to houses, cars and bank accounts. Oil rights and mineral rights can be an incredibly valuable part of estate planning. Oil rights and...
Can you spot abuse in a conservatorship?
Elder abuse is an unfortunate reality facing many families in the U.S. The potential is ripe for misusing conservatorship laws that are designed to protect people who are facing physical disabilities by appointing a person to manage their financial affairs. A person...
