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...
Month: May 2020
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...