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On Behalf of Zigray Law Office, LLC | Mar 21, 2024 | Trust Contests When a person establishes a trust, they must name a trustee to care for the trust. Trustees have specific duties and must comply with certain standards. While trust administration usually evolves without any issues, there are times when problems arise. At that point, those who have an interest in the trust may choose to challenge the trustee so the court can step in to determine what, if any, action needs to be taken. Breach of fiduciary duty One of the primary reasons to challenge a trustee in Ohio is if there is a breach of fiduciary duty. Trustees are legally obligated to act in the best interest of the trust and its beneficiaries by adhering to the terms outlined in the trust document. A breach of fiduciary duty could involve mismanagement of trust assets, failure to distribute assets according to the trust terms, self-dealing or making investment decisions that don’t align with the beneficiaries’ best interests. Lack of transparency or communication Beneficiaries have the right to be reasonably informed about the trust’s affairs and to receive regular accounting reports from the trustee. If a trustee fails to provide necessary information, communicate effectively or offer transparency regarding the trust management, beneficiaries might have cause to challenge their actions. Incompetence or incapacity A trustee must be capable of managing the trust’s affairs effectively. If a trustee is no longer competent or capable of fulfilling their duties due to mental incapacity, physical illness or a lack of necessary skills, beneficiaries may seek to have them removed. Conflict of interest A trustee can’t engage in transactions that could benefit them personally at the expense of the trust or its beneficiaries. If a trustee is found to have a conflict of interest that affects their ability to administer the trust impartially, beneficiaries have grounds to challenge the trustee. Other reasons to challenge a trustee may also be valid. Discussing one’s case with a legal representative who can explain the options available and assist with the matter can benefit beneficiaries who want a trust creator’s wishes to be properly followed.

On Behalf of Zigray Law Office, LLC | Mar 15, 2024 | Will Contests A will is a legal document that provides instructions on how your assets should be divided upon your death. While the document itself is important, the people involved in managing your assets are also vital. The executor of your will is the person responsible for ensuring that your instructions are followed through. How do you go about choosing the right person for the job? Consider their age and health Ideally, the executor should be younger than you. This makes it far more likely that they are still around and fit to carry out your instructions upon your death. Consider where they are Probate will take place in the state in which you drafted your will. The executor may need to meet with other professionals involved in your estate plan as well as your beneficiaries and heirs. In practical terms, fulfilling these duties will be much easier if they live close by. Ask them if they want to do it Being an executor requires a lot of commitment and it is a big responsibility. Not everyone will be up for the task. That’s why it’s important to have a discussion with your chosen executor before making any final decisions. You want your executor to be dedicated and committed to acting in the best interests of the beneficiaries. Ideally, your chosen executor should be impartial. This will help to prevent complications and will contests. Remember, you can change your will and executor at any time you feel these are necessary steps. Having legal guidance on your side can help you to make the right decisions.

On Behalf of Zigray Law Office, LLC | Feb 28, 2024 | Probate Litigation A loved one’s death can set the ball rolling for a lot of things. Amidst planning their funeral and other paperwork, you must also figure out what will happen to their estate. And this is where probate comes in. Probate is the process of gathering the decedent’s assets, identifying their dependents, paying off their debts and applicable estate taxes and distributing what is left per their will or Ohio intestacy laws if they died without a will. Of course, this can be a long and tedious process. But exactly how long does it take to probate an estate? Factors affecting the probate process The time it takes to probate an estate depends on several factors. Here are some of them: The complexity of the decedent’s estate Estate size is a crucial factor during probate. A relatively small estate with one or two heirs (who are getting along with each other) is generally easy to probate. Depending on the court’s schedule, such an estate can take a couple of weeks to probate. A large and complex estate, on the other hand, is a different story, especially if some of the assets are across the state. Such an estate can take several years to probate. The presence of the will If the decedent dies intestate, it might take time before the court appoints an administrator for their estate. Additionally, potential heirs might disagree on what everyone ought to get. This, coupled with the lack of a clear will not only prolongs probate but can also rack up the cost of probating the decedent’s estate. The presence of a valid will, however, can clear up any confusion and make the process faster and smoother. The probate process can be extremely overwhelming, especially when you are still in grief. Understanding the legal requirements can ensure that you stay on track while probating a loved one’s estate.

On Behalf of Zigray Law Office, LLC | Feb 14, 2024 | Probate Litigation Crafting an estate plan feels like future-proofing your loved ones’ inheritance. But even the most meticulous plans can detonate in probate court thanks to hidden issues. Below are two common culprits that increase the risk of probate litigation: 1. Family feuds can erupt over fortunes Disgruntled heirs often trigger probate wars. They may doubt the will’s validity, accuse beneficiaries of undue influence or challenge asset distribution. Defuse the bomb. Clarity is your best defense. Ensure your will clearly and unambiguously expresses your wishes. Consider a no-contest clause to deter frivolous challenges. Open communication with family members about your plan can also prevent misunderstandings. Remember, a little transparency goes a long way in forestalling emotional explosions. 2. Creditors come knocking Outstanding debts at your passing can be like ticking time bombs. Creditors can contest your will if they feel short-changed, throwing your estate and family into legal limbo. Cut the fuse. Proactive financial planning is crucial. Prioritize managing debts during your lifetime. Explore debt repayment strategies in your estate plan or designate specific funds to settle outstanding balances. Remember, financial prudence now translates to peace of mind later for your family. Final word and next steps Minimizing probate litigation means smoother sailing for your loved ones during a difficult, grief-stricken time. By addressing these potential issues, you can create an estate plan that truly safeguards your legacy and brings your family peace of mind. Do not forget to consult Ohio probate laws for additional insight into creating an estate plan tailored to your local legal landscape. Legal guidance can introduce you to more ways of ensuring a smooth and stress-free inheritance experience for your family.

On Behalf of Zigray Law Office, LLC | Feb 1, 2024 | Will Contests No one wants their loved ones to become involved in a court battle over their estate after they’re gone. That’s one reason people create estate plans. They want their wishes to be clear and to be carried out as they intend. Inheritances left to non-family caregivers are still a common reason for probate litigation. With more people choosing to remain in their own home as they get older and with families often spread out over the country and the world, professional in-home caregivers often become the people closest to seniors in their final years. Preventing accusations of undue influence You have every right to include your caregiver in your will in whatever way you choose. However, if you’re leaving them considerable assets or modifying your current will or living trust to add them, it’s crucial to make sure that your close family members (like adult children) are aware that you’re doing this and understand that you’re choosing to do so. Otherwise, your caregiver might have to deal with a court challenge in which they’re accused of exerting “undue influence” on you. Unfortunately, that’s a common assumption because it happens far too often when the person being cared for is cognitively impaired, very ill or heavily medicated. In fact, Ohio courts have determined that non-relative caregivers are among those who have a “rebuttable presumption” of undue influence. That means if challenged, they have to provide evidence that they didn’t exert undue influence over someone. Two things you can do As noted, it’s important to discuss your wishes with your loved ones. You don’t need their permission, but they should know that this is your choice and you fully understand what you’re doing. You can explain how much your caregiver has done for you over the years (and how they’ve saved them from having to rearrange their lives to care for you). You may also choose to gift your caregiver some of your assets while you’re still around. Just be careful not to trigger gift taxes. It’s best to codify these gifts in your estate plan or elsewhere so your caregiver isn’t accused of stealing. Also, don’t “promise” them they can have certain things after you’re gone unless they’re listed in your will. If you have experienced estate planning guidance, you can better ensure that you’re taking every reasonable step to prevent legal battles among loved ones after you’re gone.

On Behalf of Zigray Law Office, LLC | Jan 18, 2024 | Trust Contests Someone who has been named the trustee of a trust has the same kind of fiduciary responsibilities as the executor of an estate has. They have a duty to act in the best interests of the beneficiary(ies) of the trust and to abide by the law in doing so. The specific duties of a trustee depend on what type of trust they’re managing and what the goals and purpose of the trust are, as detailed by the trust’s creator or “settlor.” Sometimes, for example, a trust is set up with the intention that the assets in it will provide a source of regular income to the beneficiary. That may require ensuring that the assets are invested and managed wisely so that they grow in value or at least remain stable. In many cases, parents place their adult children’s inheritances in “conditional” trusts rather than give them assets directly. The trustee then has the crucial role of distributing the assets as the trust creator outlined – for example, a certain amount each year or only for specific purposes (like paying for college or a new home). The trustee-beneficiary relationship can be an inherently tense one. It’s easy to resent someone who has control over money that’s intended for you – even if they’re only following the directions they were provided. That doesn’t mean you have the right to remove them. The grounds for removing a trustee under Ohio law A beneficiary or a co-trustee (if there is one) are the only ones who can ask a probate court to remove a trustee after a trust settlor has passed away. This effort is only legally justified under three circumstances: The trustee has “ committed a serious breach of trust.” The trustee has shown an “unfitness, unwillingness, or persistent failure…to administer the trust effectively.” The trustee is refusing to cooperate with other trustees to the point where it “substantially impairs the administration of the trust.” The court has a responsibility (as does any trustee) to do what’s in a beneficiary’s best interests. If the trustee isn’t doing that, a court can remove them and appoint someone else (or ask the alternate to take over, if one was named). Whether you believe there are grounds for removing a trustee or you are the one whose removal is being sought, it’s important to seek legal guidance to protect and assert your rights.

On Behalf of Zigray Law Office, LLC | Jan 17, 2024 | Will Contests Usually, families feel grateful when they discover that someone who died has left a will behind. A will or other estate planning documents provide clear instructions about who should inherit resources from an estate and other important details about someone’s legacy. Unfortunately, not all families feel confident that a will or estate plan actually includes terms that the testator desired. Sometimes, there are concerns that an outside party, likely someone who is a beneficiary of the estate, may have inappropriately influenced the terms included in the document. Undue influence is the legal term for when someone other than the testator creating a will or trust sets the terms for their estate. What can families do if they suspect that an outside party inappropriately influenced an estate plan? They can contest the will Undue influence occurs when someone other than the testator uses their relationship with the testator to obtain a larger inheritance. Other times, they might seek out other better official estate planning terms for personal gain. For a situation to constitute actionable undue influence, there needs to be reason to believe that the testator was vulnerable to some degree and that someone, such as a spouse, child or caregiver, tried to manipulate or coerce them into changing their paperwork. Finally, that person needs to directly benefit by receiving property from the estate. If the situation meets all of those standards, then the other surviving family members or presumptive beneficiaries of the estate could take legal action. They can contest or challenge the will in probate court. A judge can review their evidence along with the testamentary documents to determine if there are any concerning signs of misconduct. If the judge agrees that an outside party likely influenced the testator’s choices, they might choose to uphold an older version of someone’s estate plan. They could also set aside a will if it is the only document on record and distribute assets from the estate as though someone died without an estate plan. Estate litigation related to challenging someone’s testamentary documents can take months to resolve. However, especially when the terms set in the documents are not what someone told their family they wanted, it may be proper to push to uphold their actual last wishes instead of terms influenced by someone else. Connecting someone’s position of authority with changes to an estate plan might help families realize that they need to take action in probate court.

On Behalf of Zigray Law Office, LLC | Nov 27, 2023 | blog, Trust Contests You and fellow family members may anticipate receiving assets from a trust created by an elder family member. As such, you want the trustee to manage the trust appropriately for your benefit. This does not always happen though, or there may be other defects with the trust. You probably know that people can contest a will in court, but are not sure about suing for control of a trust. It is possible to contest a trust but to do so, you should have legal standing. Beneficiaries to the trust If a trust names you to receive money or property, you clearly have an interest in how a trustee administers the trust. Therefore, you may litigate if you have a problem with the asset division. You might also believe the person who created the trust lacked proper mental capacity when arranging the trust. This could give you grounds to contest the trust due to undue influence. Excluded beneficiaries As AARP points out, only 34% of Americans even make an estate plan, but those who do should be careful of errors such as beneficiary mistakes and conflicts. In some cases, individuals who have a relative who failed to name them as heirs end up contesting the will on the basis of their exclusion. Likewise, would-be beneficiaries might lodge a legal complaint that they should receive from the trust based on their relationship with the trust creator. The exclusion may be a mistake or deliberate, or it could be due to coercion from another party. Successor trustees Sometimes there is an individual in line to take over trust management upon the resignation of the original trustee or if the first trustee cannot serve. A successor trustee can contest the trust on the basis of issues including improper trust funding or management by the existing trustee that could impact their future duties. Simply feeling dissatisfied with the trust usually does not justify legal action. There must be legitimate grounds like trustee misconduct, claims of forgery or valid doubts about the mental capacity of the trust creator. Due to the difficulty and expenses involved, individuals should weigh whether the potential benefits make bringing a contest worth pursuing.

On Behalf of Zigray Law Office, LLC | Nov 21, 2023 | Trust Contests Caring.com’s 2022 Wills Survey uncovered that 33% of Americans do not have an estate plan. Those individuals who do have a plan may still not understand what could happen after their deaths. One potential complication is someone contesting a trust. People often use trusts because they allow for easy planning and safeguarding of their wishes. However, if someone has an issue, it could lead to a trust contest. However, contesting a trust has its limitations, such as the time limit under Ohio law. Statute of limitations explained The statute of limitations is a set time in which a person can raise concerns about a trust. It is a safeguard that ensures the estate resolves trust-related disputes within a reasonable timeframe. The rationale behind this rule is to promote fairness and efficiency in the legal system. By imposing a time limit, the law encourages prompt resolution of disputes, preventing stale claims that could arise long after the death. In Ohio, this limit is two years from the date of the trustor’s death or six months after the contesting individual received notice of the trust. After the time limit Ohio’s legal framework emphasizes the importance of diligence. If an individual discovers potential grounds for contesting a trust, they must act promptly. Waiting too long may result in the forfeiture of the right to contest and leave them without legal recourse. Ohio residents must be aware of the statute of limitations if they believe they have grounds to challenge a trust to preserve their rights. Ignorance of the law is not a valid excuse and will not erase the expiration of the time limit.

On Behalf of Zigray Law Office, LLC | Nov 15, 2023 | Guardianships Guardianship and conservatorship in Ohio are legal arrangements designed to protect individuals who cannot make decisions for themselves due to incapacity or disability. The probate court oversees the selection of guardians and conservators. It seeks to appoint responsible individuals who are capable and focused on the best interest of the incapacitated person. How are guardians or conservators appointed? Typically, a concerned family member or other interested party petitions the probate court to appoint a guardian or conservator. The court conducts hearings and evaluates evidence to determine the individual’s incapacity. It then evaluates the suitability of the proposed guardian or conservator. What is guardianship? Guardianship addresses the personal and healthcare needs of an incapacitated person. The probate court appoints a guardian to make decisions about the individual’s living arrangements, medical treatment and other personal matters. The appointment of a guardian is a serious matter and is governed by section 2111.02 of the Ohio Revised Code. Nominations must be in writing and bear the signatures of two witnesses. What is a conservatorship? Conservatorship deals with the financial affairs of an incapacitated person. The court appoints a conservator to safeguard the financial well-being of those who are unable to manage their own finances due to age, disability or other factors. The court will conduct a thorough examination of potential conservators. It seeks to ensure that the candidate is a qualified and trustworthy individual. Ohio law prioritizes the least restrictive alternatives when considering guardianship or conservatorship. The court aims to balance the need for protection with the individual’s right to autonomy. The court may choose to take less intrusive measures before resorting to guardianship or conservatorship. This may include powers of attorney or advance directives.

On Behalf of Zigray Law Office, LLC | Oct 24, 2023 | Will Contests Finding out your loved one has excluded you from their will can make you feel different emotions—confusion, disappointment and so much more. While a will is a legal document, you might also consider it a form of recognition of your relationship with the decedent. If you had assumed you would see your name on the will, but didn’t, one of the first things you might consider is contesting the will in court. However, the judge will not allow just anyone for just any reason to bring the issue to court. Before you get into gear, you have to confirm some crucial information. Do you have a right to contest? Before anyone can challenge a will, they must first have a sufficiently grounded relationship with the deceased, such as an heir or similar survivor. These are the people who have a financial interest in whatever happens to the will during probate. If you fall under this category, you already have the first requirement to file a petition to contest the will’s validity. Are there grounds to contest the will? In Ohio, you cannot just contest a will because you feel that your exclusion was unfair. You need to prove that there are legitimate grounds to challenge the document, which includes the following: The testator’s lack of testamentary capacity Undue influence over the testator Forgery The existence of multiple wills If you believe a legitimate ground exists to challenge the will, you have to gather the necessary evidence and strategize your civil action. Contesting a will is complex, so you must come prepared with adequate research and competent representation.

On Behalf of Zigray Law Office, LLC | Oct 21, 2023 | Will Contests Life insurance policies and bank accounts come with beneficiary designation documents, which list recipients of assets. While designating beneficiaries might seem straightforward, it can lead to disputes and complications if not handled with care. Fortunately, understanding the common reasons for disputes can help avoid potential issues among your heirs after you are gone. Outdated information Life is dynamic, and beneficiary designations should reflect life changes. Failing to update beneficiary information after major life events like marriage, divorce or the birth of children can create confusion among heirs. This may result in conflicts when outdated designations do not align with an individual’s current intentions. Multiple beneficiaries While you can designate multiple beneficiaries, you must do so carefully. This includes specifying the distribution percentages to avoid disputes. For instance, if someone names their three children as beneficiaries without indicating how to divide the assets among them, it can lead to disagreements regarding who gets what. Beneficiary predeceases A common but often overlooked issue is when a beneficiary predeceases the account holder. In such cases, it is important to specify alternative beneficiaries or contingent designations to avoid disputes about where the assets should go if the primary beneficiary is no longer alive. Legal or financial complications Legal issues can also give rise to disputes. For example, if a beneficiary has legal issues or financial liabilities, distributing assets to them can be problematic. Creditors or legal authorities may stake a claim to the assets, leading to disputes over who rightfully deserves the inheritance. Competing claims Sometimes, multiple individuals feel entitled to the same assets. This typically occurs when there is confusion about the account holder’s intentions or if there is a dispute over the validity of the beneficiary designation. Competing claims can result in lengthy legal battles and strained relationships among family members or loved ones. Lack of communication In many cases, you can avoid beneficiary designation disputes through open communication. Failing to discuss one’s intentions with potential beneficiaries can lead to misunderstandings and disagreements. People often assume they know the desires of the account holder, which may not align with the actual beneficiary designation. According to AARP, 32% of Americans in 2022 stated that they put off estate planning. Along with wills and other tools, making sure that beneficiary designations are accurate is an important step to protect your assets.