Family members and beneficiaries sometimes worry that the will someone has drafted isn't accurate and legally valid. One of the more common concerns has to do with someone's testamentary capacity or legal ability to enter a binding agreement. The effects of age often...
When a will is drafted, the person responsible for it expects his or her wishes to be fulfilled. However, a legal heir or beneficiary with a financial interest in the will may contest it if there is a valid reason for doing so. For example, Ohio law has strict...
In the unfortunate event of a person’s death, questions regarding inheritance and the rights of family members often arise. One common concern is whether the deceased’s second family is entitled to any inheritance. This is where effective estate planning comes in;...
Have you ever wondered what happens when multiple wills are involved after someone dies? It can be a complicated and confusing situation, especially for those left to sort out the deceased’s affairs. A will should outline a person’s wishes for the distribution of...
Spouses are often the main focus in someone's estate plan, other than their young children. If people die without wills, spouses have very strong rights according to intestate succession laws. Many testators who draft wills and trusts intentionally include terms for...
Undue influence is one of the grounds for contesting a will. It happens when someone interferes with the free will or judgment of the owner of a will (the testator) through underhand tactics like coercion, excessive persuasion or trickery. If you believe your loved...
Many estate disputes and will contests happen simply because assets are not divided equally. Heirs expected that they would all get similar inheritances from their parents. When it turns out that someone gets far less than someone else, a dispute may occur because...
Contesting a will is necessary if you believe the given one does not reflect your loved one's true intentions. However, you should be informed to make the right moves. Mistakes can affect your chances of fighting for your loved one. The following are three mistakes to...
A will is one of the most important legal documents you can ever create. A will lets you stipulate your wishes regarding what will happen to your estate when you die. And if you have minor children, a will also lets you designate a legal guardian for them. However,...
Estate planning, for most people, is both a personal and morbid subject. As such, it is not uncommon for parents to shy away from discussing their estate plans with their children or intended beneficiaries. The decision to discuss your estate plan with your family is...
