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On Behalf of Zigray Law Office, LLC | Sep 11, 2014 | Probate Litigation Relationships between family members can be complicated and, at times, strained. This is often especially true of relationships between a parent and a child. In some cases, a relationship may be so dysfunctional and broken that a parent and child no longer speak or play a role in each other’s lives. Familial rifts and those between a child and parent may be caused or exacerbated by a number of things. Perhaps a parent doesn’t agree with a child’s lifestyle or a child has chosen to end a relationship with a parent over past abuse or abandonment issues. Whatever the case may be, some parents choose to take intentional steps to disinherit an estranged child and when this occurs, a child may choose to contest a will or trust. In probate litigation matters involving will contests brought by estranged children, relationships between siblings, a surviving parent and extended relatives are often irrevocably damaged. What’s more, it’s often the siblings of an estranged son or daughter who bear the brunt of a disinherited child’s anger and hostility. A parent who is considering drafting or amending an existing will to intentionally disinherit a child would be wise to think long and hard about the possible ramifications of doing so. To spare surviving loved ones the pain and burden of going through probate litigation, a parent may choose instead to do one of the following: Leave an estranged child a reduced portion of an estate Name the child as a benefactor to a trust with strict stipulations related to asset payout Leave assets to grandchildren There will always be conflict amongst families. In some cases, familial disputes may result in the disinheritance of a son or daughter. In cases where an individual has questions about how to contest a will or trust, it’s wise to contact an attorney who handles probate litigation matters. Source: Lake County News, “Estate Planning: Dealing with estranged children,” Dennis Fordham, Sep. 6, 2014

On Behalf of Zigray Law Office, LLC | Aug 31, 2014 | Probate Litigation The estate and fortune of a doctor who devoted his life to helping people feel better about their appearances is currently being disputed in an inheritance lawsuit. At the center of the lawsuit, is the will of the late Dr. Richard Grossman, a famed plastic surgeon renowned for his work with helping burn victims. The 81-year-old died last spring and was survived by his fourth wife, Elizabeth, and his only two children, Jeffrey and Peter. The lawsuit was filed by Jeffrey and Peter Grossman who accuse Elizabeth Grossman of taking advantage of their father who was believed to suffer from dementia and impaired judgment. Prior to 2012, Richard Grossman’s will left the vast majority of his multi-million dollar fortunate and estate to his two sons. However, in 2012, Grossman amended his will to omit his children and leave everything to his fourth wife. Grossman’s sons assert their father began exhibiting signs of dementia and memory loss as early as 2010. They believe, therefore, that his fourth wife intentionally took advantage of his diminished mental capacity and used undue influence to coerce their father into amending his will in 2012. In response, Elizabeth Grossman refutes the claims of her late husband’s sons and contends his acts to omit his sons were his true and intentional wishes. Prior to marrying her husband, Elizabeth Grossman was a successful business woman whose own fortune exceeded that of her now late husband. Cases involving inheritance disputes and will contests are often highly emotional and contentious. While many individuals who choose to dispute an inheritance or contest a will aren’t millionaires, they have a strong desire to ensure the wishes of a loved one are respected and carried out. Source: Thousand Oaks Acorn, “ Family feuding over Richard Grossman estate,” Anna Bitong, Aug. 21, 2014

On Behalf of Zigray Law Office, LLC | Aug 14, 2014 | Probate Litigation The loss of a loved one is likely to be one of the most difficult times in any individual’s life. This is particularly true in the case of a mother’s or father’s passing. In some cases, grief-stricken sons and daughters must not only struggle to cope with their great loss, but also attempt to make sense of the contents of a parent’s will or trust. Frequently, probate litigation cases involve highly sensitive and emotional matters. In some cases, family members take opposite stances and relationships between siblings and other relatives are irreparably harmed. Given the high personal stakes involved with probate litigation matters, it’s important to thoroughly examine the facts prior to taking legal action. The attorneys at do just that and work to ensure an individual’s will contest or actions to remove an executor or trustee are based upon sound facts. Handling probate litigation matters takes a very specialized skill set. It’s important, therefore to seek the advice and counsel of an attorney who has successfully handled numerous cases related to estate disputes and has trial skills and intimate knowledge of how these types of cases play out in court. No one wants to think about the possibility that a loved one was taken advantage of, much less if the suspected guilty party was a family member. However, when suspicions or evidence of such activity surfaces, it’s important to take steps to protect the interests of other family members and preserve a loved one’s legacy.

On Behalf of Zigray Law Office, LLC | Jul 30, 2014 | Probate Litigation A comprehensive estate plan includes a last will and testament and frequently one or more trusts. In addition to drafting the terms of these legal documents, an individual must also be designated to ensure the wishes and provisions provided therein are followed and carried out. When discussing a will, this individual is referred to as an executor. In relation to a trust, the individual tasked with enforcing the terms of the trust is called a trustee. According to Cornell University Law School, a “fiduciary duty is a legal duty to act solely in another party’s interests.” Both an executor and trustee have a fiduciary duty to act in good faith and carry out the express wishes of the decedent’s will or trust. In some cases, however, individuals who are given this important job fail to meet the requirements of the position. Proving that an executor or trustee has breached their fiduciary duty is therefore key to any legal action seeking their removal. Personality clashes or a basic dislike of an executor or trustee is not sufficient to enforce their removal, nor is a family member’s or beneficiary’s desire to manage the assets themselves. Individuals who believe that an executor or trustee has breached their fiduciary duty or somehow acted outside the terms of their responsibilities may take legal action to have an executor or trustee removed. Legal grounds for seeking the removal of an executor or trustee include: • Misconduct • Inability to carry out terms of a will or trust • Incapacity • Conflict of interest Individuals who are interested in learning more about how to remove an executor or trustee would be wise to discuss their specific case with an attorney who handles probate litigation matters.

On Behalf of Zigray Law Office, LLC | Jul 30, 2014 | Probate Litigation A comprehensive estate plan includes a last will and testament and frequently one or more trusts. In addition to drafting the terms of these legal documents, an individual must also be designated to ensure the wishes and provisions provided therein are followed and carried out. When discussing a will, this individual is referred to as an executor. In relation to a trust, the individual tasked with enforcing the terms of the trust is called a trustee. According to Cornell University Law School, a “fiduciary duty is a legal duty to act solely in another party’s interests.” Both an executor and trustee have a fiduciary duty to act in good faith and carry out the express wishes of the decedent’s will or trust. In some cases, however, individuals who are given this important job fail to meet the requirements of the position. Proving that an executor or trustee has breached their fiduciary duty is therefore key to any legal action seeking their removal. Personality clashes or a basic dislike of an executor or trustee is not sufficient to enforce their removal, nor is a family member’s or beneficiary’s desire to manage the assets themselves. Individuals who believe that an executor or trustee has breached their fiduciary duty or somehow acted outside the terms of their responsibilities may take legal action to have an executor or trustee removed. Legal grounds for seeking the removal of an executor or trustee include: • Misconduct • Inability to carry out terms of a will or trust • Incapacity • Conflict of interest Individuals who are interested in learning more about how to remove an executor or trustee would be wise to discuss their specific case with an attorney who handles probate litigation matters.

On Behalf of Zigray Law Office, LLC | Jul 17, 2014 | Probate Litigation Death is an inevitability that everyone must face. While nothing can necessarily prepare an individual to face their own mortality, having one’s personal and financial matters in order can help set one’s mind at ease. In some cases, after a loved one’s passing, relatives or close friends may be surprised to learn of the contents of a will. Was a grown child omitted from a will? Were the contents of a previous will dramatically different from a recently amended will? Is an unlikely individual named in a will? In cases where loved ones have concerns regarding the validity of a will, steps may be taken to legally contest a will. The American Association of Retired Persons provides information related to the legal grounds on which a will may be contested. An individual must be able to provide evidence proving one of the following: Lack of capacity – Did a loved one suffer from dementia? Was he or she sick or unable to speak? In cases where a will was drafted or signed when an individual may have lacked the capacity to fully understand the implications of their actions, a will contest may be brought on the grounds of lack of capacity. Undue influence – Was an elderly loved one taken advantage of by an unscrupulous individual? In cases where questions exist related to the true intentions of an individual who stood to benefit from a loved one’s passing, undue influence may be used to contest a will. Fraud – At the time a will was signed, did a loved one know what he or she was signing? If a loved one signed a will they believed to be something else entirely or were not fully aware of the contents of the document, fraud may have been committed. Improper execution: Some terms of a will are dictated by state laws. Failure to include state-specific language or abide by certain state-specific rules may invalidate a will. Individuals, who believe a loved one’s will may be deemed invalid on the basis of one of the above-mentioned grounds, would be wise to seek legal advice. Source: AARP.org, “ Where There’s a Will …,” Nancy Mann Jackson, Aug. 17, 2011

On Behalf of Zigray Law Office, LLC | Jul 17, 2014 | Probate Litigation Death is an inevitability that everyone must face. While nothing can necessarily prepare an individual to face their own mortality, having one’s personal and financial matters in order can help set one’s mind at ease. In some cases, after a loved one’s passing, relatives or close friends may be surprised to learn of the contents of a will. Was a grown child omitted from a will? Were the contents of a previous will dramatically different from a recently amended will? Is an unlikely individual named in a will? In cases where loved ones have concerns regarding the validity of a will, steps may be taken to legally contest a will. The American Association of Retired Persons provides information related to the legal grounds on which a will may be contested. An individual must be able to provide evidence proving one of the following: Lack of capacity – Did a loved one suffer from dementia? Was he or she sick or unable to speak? In cases where a will was drafted or signed when an individual may have lacked the capacity to fully understand the implications of their actions, a will contest may be brought on the grounds of lack of capacity. Undue influence – Was an elderly loved one taken advantage of by an unscrupulous individual? In cases where questions exist related to the true intentions of an individual who stood to benefit from a loved one’s passing, undue influence may be used to contest a will. Fraud – At the time a will was signed, did a loved one know what he or she was signing? If a loved one signed a will they believed to be something else entirely or were not fully aware of the contents of the document, fraud may have been committed. Improper execution: Some terms of a will are dictated by state laws. Failure to include state-specific language or abide by certain state-specific rules may invalidate a will. Individuals, who believe a loved one’s will may be deemed invalid on the basis of one of the above-mentioned grounds, would be wise to seek legal advice. Source: AARP.org, “ Where There’s a Will …,” Nancy Mann Jackson, Aug. 17, 2011

On Behalf of Zigray Law Office, LLC | Jul 2, 2014 | Probate Litigation Gone are the days when small family farms were plentiful and dotted the landscape of Lucas County. Today, the majority of Ohio residents work jobs in large cities and the surrounding suburbs. Most of the farms that still exist in the area are small family farming operations that have been passed down through generations. Families who have a farm often cherish the acreage they own and the possibilities it affords. That being said, farming isn’t for everyone. While some sons and daughters who grew up on a farm may follow in their parents’ footsteps, others likely prefer a different career choice and lifestyle. Parents who own and operate a farm would therefore be wise to discuss their future wishes and estate planning goals with their grown children. When it comes to estate planning decisions, it’s best to communicate openly, honestly and frequently. This is especially the case when there is more than one child and parents own a farm, land or a family business. Parents who fail to relay their plans to children about the future of a family farm may ignite a feud among surviving heirs. In cases involving a farm inheritance, parents and siblings may have varying opinions about keeping or selling the farm and land. Matters involving decisions about whether to retain or sell a farm and land can quickly become emotional and contentious. In cases where one sibling wishes to keep and operate a farm and the other two do not, some sort of buy-out solution will need to be worked out. Estate planning matters, particularly those related to the succession of a family farm or business, are complex. To avoid potential tax liabilities as well as family feuds and legal disputes, it’s wise to seek the advice and assistance of an estate planning professional early and often. Source: Farm Futures, “ Don’t Start a Farm Family Feud,” Rich Dunn, June 24, 2014

On Behalf of Zigray Law Office, LLC | Jun 19, 2014 | Probate Litigation Ohio residents were recently saddened to learn of the death of the legendary Casey Kasem. Many can likely recall listening to Kasem’s smooth and calming voice as he counted down the weekly top 40 hits and read listeners’ touching letters and dedications. More recently, details surrounding Kasem’s final months read more like the script of a Hollywood drama in which his second wife and three children from his first marriage battled for control over and access to the radio legend. Kasem’s death was attributed to complications related to Alzheimer’s disease. Sadly, during his final years, the man who was known worldwide for his iconic voice, was unable to speak and suffered severe memory loss and dementia. As his condition worsened, his wife Jean Kasem allegedly took action to prevent Kasem’s three children from his first marriage from talking to or seeing their father. Kasem’s net worth is reported to be around $80 million and the details of his will and estate plan have not been made public. According to Jean Kasem, Kasem’s three oldest children wanted little to do with their father until learning about his failing health. In an effort to protect her husband, Jean claims she removed him from a hospital and drove him to another state without informing his three oldest children of her plans or their father’s whereabouts. In 2007, Kasem was diagnosed with Parkinson’s disease. At that time, he signed a living will or health care directive that gave his three oldest children power of attorney to ensure his wishes with regard to end-of-life medical care were carried out. Recently, when it became obvious that Kasem’s health was rapidly deteriorating, his 41-year-old daughter carried out her father’s wishes and ordered doctors to cease providing her father nutritional supplementation. In the wake of Kasem’s death, both sides have momentarily set aside their differences to honor their loved one. It’s extremely likely, however, that a new chapter in this epic estate dispute will soon begin as decisions related to Kasem’s $80 million estate are decided. Source: Daily Mail, “ EXCLUSIVE: Casey Kasem’s widow Jean ‘cheated on radio legend with 40-something toyboy for years’ as her 82-year-old husband’s condition worsened, claims investigator hired by daughter,” Ryan Parry and Neil Blincow, June 17, 2014

On Behalf of Zigray Law Office, LLC | Jun 6, 2014 | Probate Litigation Disputes and feuds between family members may arise for a number of reasons. Long-standing feuds between siblings may have spawned from jealousy and competition experienced during childhood. In some cases, siblings are never able to mend the wounds of these childhood disputes. Feelings of animosity may only grow and intensify when a parent dies and siblings are left to sort our estate and probate matters. Parents in Ohio are likely familiar with the baby product brand Nuby which manufactures and sells bottles, sippy cups and numerous other baby products. The Nuby brand is a subsidiary of a company known as Luv N Care which is owned and operated by two wealthy brothers. These two brothers, also have an older brother who is not part of the company. More than five years ago, the brothers’ mother passed away. One of the well-off brothers, who is also a principle at Luv N Care, was named the executor of his mother’s estate. As executor, it was the brother’s responsibility to essentially manage the estate to ensure existing debts and estate taxes were paid. Once outstanding financial matters related to an estate are resolved, an executor is responsible for distributing any remaining property and belongings. The eldest brother recently filed a lawsuit against the two younger brothers along with an auctioneer who he contends worked together to ensure he would not receive his share of the inheritance. The defendants are accused of price-rigging the estate auction and subsequently paying pennies on the dollar for their mother’s valuable personal possessions. Additionally, the lawsuit contends the brother named as the estate’s executor breached his fiduciary duty by engaging in deceptive practices and intentionally prolonging the succession of his mother’s estate which is still pending. This case illustrates some of the types of the problems and issues that may arise in the wake of a parent’s death. In cases where one sibling believes one or more other siblings took steps to interfere with an inheritance, it’s wise to discuss the case with an attorney who handles estate disputes and probate litigation. Source: thenewsstar.com, “Hakim family dispute headed to court,” Greg Hilburn, May 29, 20

On Behalf of Zigray Law Office, LLC | May 23, 2014 | Probate Litigation Most Ohio residents can likely recall the famous lines from the movie the Wizard of Oz advising Dorothy and her companions to “follow the yellow brick road”. The man who was reportedly the voice delivering that message was Mickey Carroll who was also one of the so-called munchkins that celebrated Dorothy’s arrival in the land of Oz. The 4 ft. 9 inch 89-year-old actor died five years ago after suffering complications associated with Alzheimer’s disease. His estate was recently the subject of a lawsuit in which his family accused Carroll’s former caregiver of undue influence. In the estate dispute, Carroll’s family members accused his female friend and caretaker of taking advantage of their loved one’s diminished mental and physical condition prior to his death. As a result of the woman’s actions, the plaintiffs asserted Carroll transferred hundreds of thousands of dollars to her prior to his death. The plaintiffs also argued the defendant took actions to ensure they weren’t able to communicate with Carroll prior to his death. The case recently went before a jury who, after less than two hours of deliberation, sided with the defendant. While the plaintiffs sought monetary damages of “up to $249,000”, asserting the defendant used undue influence and manipulation to exhort money from the deceased, members of the jury weren’t convinced. The defendant and several witnesses painted a picture of Carroll as a generous man who spent and gave money away freely. In her defense, the defendant chronicled the history of her long friendship with Carroll whom she eventually moved into her home and cared for. The defense further contended the very family members who filed the lawsuit had long ago abandoned Carroll. In the wake of a loved one’s death, estate disputes may arise for a number of reasons. While a jury decided undue influence was not a factor in this case, individuals with failing mental and physical health are often targets of such schemes. Individuals who believe a vulnerable loved one is being or was taken advantage of would be wise to discuss the situation with an attorney. Source: Riverfront Times, “Lawsuit Over Estate of Deceased Munchkin, Mickey Carroll, Slated for Trial Next Week,” Chad Garrison, May 9, 2014

On Behalf of Zigray Law Office, LLC | May 9, 2014 | Probate Litigation For individuals who have aging parents or grandparents, many believe an inheritance to be in their future. There are, however, a number of factors that may influence a parent’s or grandparent’s decision of whether or not to leave a child or grandchild a sizable inheritance, many of which center around financial responsibility and life choices. Throughout the course of one’s life, mistakes will be made. It’s from these mistakes that we learn and, hopefully, grow wiser. As a parent or grandparent, it can be difficult to see a child or grandchild flounder and struggle. This is often especially true when it comes to financial mishaps that may adversely impact a loved one’s life in numerous ways. However, even relatives that have the means may decide it’s best to allow a younger relative to figure things out on their own. Parents obviously want what’s best for their children and, in some cases; parents may reason that leaving a child a large inheritance would do more harm than good. This is often especially the case when a child has demonstrated a lack of financial responsibility in the past. For example, a parent may worry about a child who accrues thousands of dollars in credit card debt related to lavish purchases he or she simply cannot afford. In some cases, a grown child may continue making poor financial decisions and eventually be driven into bankruptcy. In other cases, however, a grown child may take steps to regain control of their finances and make sacrifices to pay off debt. In both scenarios, a parent is likely to take notice. In cases where a parent or grandparent communicated their intentions to leave a child or grandchild an inheritance, yet failed to do so, the validity of a will or a loved one’s state of mind may be in question. Inheritance disputes may also arise in cases where a loved one ends up leaving the bulk of their estate to an individual who is not a relative or makes sudden changes to a will. Source: Chicago Tribune, “Why you may not get an inheritance (and what to do about it),” Robert Pagliarini, May 6, 2014