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On Behalf of Zigray Law Office, LLC | Apr 5, 2022 | Will Contests Several people may try to contest your will. This includes family members, friends, and even business partners who feel like you have been “unfair.” However, to have a valid case, the individual must have some type of legal standing. They must also have a valid reason to contest the document. If these things are present and proven, then they can move forward and contest the will. Some of the reasons that can be used to contest a will in Ohio include: Faulty or incomplete document There are specific laws dictating how a will should be written and signed to make it legally binding. If these rules have not been followed, then it can be legally contested. Undue influence It can be contested if someone believes the person was influenced when they were writing the will to give or leave someone more than they were entitled to. Usually, the undue influence comes from someone close to the testator. It’s necessary to prove this undue influence, which can be challenging. Mental incapacity The testator must have the mental capacity to create a will. This means they understand what assets they have and why they leave them to certain beneficiaries. Someone can contest a will if they have proof from witnesses, doctors or other evidence they did not have the mental capacity to create the document. What to know about contesting a will No matter the reason, contesting a will in Ohio can be challenging. It is a process that can also take a lot of time and money. Because of this, it is recommended that someone who plans to contest a will not do it alone. They also need to ensure they have the required evidence before moving forward.

On Behalf of Zigray Law Office, LLC | Mar 21, 2022 | Will Contests As a responsible adult, you took the time to create an estate plan. The goal was to help ensure your family knew your wishes and that they would be carried out after you passed away. Unfortunately, the legal system allows some people to contest your will. While there may not be any way to keep this from happening completely, you can take steps to help ensure no one contests your will after you pass. Talk to your heirs One of the best ways to prevent your will from being contested is by talking to your heirs. Let them know why you have left certain assets to certain people. Discuss any concerns they may have. If you address the situation early, you can prevent issues early on. Consider a living trust If you are worried that your will is going to be contested, consider setting up a revocable living trust. These allow you to use the money and assets you have while you are alive, but when you pass, the remaining items in the trust are distributed based on your terms. These are established when you create a trust. Trusts don’t go through probate, which means they aren’t subject to the same types of legal actions as a will. Also, they remain private and aren’t public records. That means that people you don’t include in the trust won’t know what you have left to whom. Preventing conflict after you pass Unfortunately, a will is often contested because heirs don’t agree with how you distribute your assets. By discussing your plans ahead of time, you will be taking a step in the right direction to prevent this. Also, having an estate plan with a will and living trust will further safeguard your wishes.

On Behalf of Zigray Law Office, LLC | Mar 7, 2022 | Trust Contests A trust has to be managed by someone, so the people who fund a trust do their best to pick the best person or entity for the job – and it’s a big job. There are lots of decisions that have to be made, including when, where and how to invest those funds so that the trust grows and continues to serve its function. What happens, however, if a trustee makes a bad call? No investment is entirely without some risk, but some folks are more “risk tolerant” than others. The Prudent Investor Act controls the trustee’s liability A trustee in this state has a duty to comply with the Ohio Uniform Prudent Investor Act when it comes to the investments they make on behalf of the trust and its beneficiaries. In general, that means that a trustee is not liable for a bad investment as long as they are reasonably careful and do a certain amount of due diligence when investigating a potential investment. Specifically, that means they need to consider: The general economic conditions at the time of their investment Any predictable effect that inflation or deflation might have on the investment Any potential tax consequences of their investments or investment strategies How much of a role a given investment has to the trust as a whole What sort of return they can expect on the investment Whether the money would be tied up in a way that would leave the beneficiaries of the trust without enough resources In short, trustees are expected to keep their eyes open for scams and blatantly bad investments. If they invest willy-nilly or don’t look closely enough into an investment to see that it’s a bad deal, they may be held liable for their mistakes. If you believe that a trustee has mismanaged a trust, you need to be proactive about holding them legally accountable for your losses.

On Behalf of Zigray Law Office, LLC | Feb 22, 2022 | Probate Litigation When others in your family have a complaint about your loved one’s will or general estate plan after their death, it puts you in a difficult position as the executor. You need to do what you can to distribute the state according to your loved one’s wishes, but you can also be understanding of the complaints that others have. Common probate disputes that come up include conflicts over the will, complaints about how long ago the will was adjusted and issues with promises made that were not kept in the will. All of these problems may result in issues if the parties who are angry file a will contest or take other action to prevent the distribution of assets. How can you handle probate disputes outside of court? One thing to keep in mind with probate disputes is that you have some power to resolve issues outside of court. While someone could challenge a will in court, you could avoid that by listening to the problem and seeing if there is a resolution that would be satisfactory to both sides of the argument. For example, if you know that party A and party B both took care of your loved one before their death but party A was left with $1,000 and party B was left with $50,000, you might want to have a chat about why that might have been and if that was intentional. Reasonable siblings in similar circumstances may agree to have the money paid out as directed and then split the difference without having to involve the court. Similar issues, like conflicts over who receives items from the parent or loved one’s home, may be resolved by looking at what people received and if there is a way to resolve the conflict without having to involve the court. For instance, if your cousin was told that they’d be able to receive the extra vehicle that your mother had and you know that your mother agreed to that and spoke about it before, you may want to distribute that vehicle to the individual even if it was initially assigned to you in the will. Sometimes, a lack of updates to a will can cause problems, or verbal agreements aren’t covered in a way that informs everyone about your loved one’s wishes. Families that can be practical may be able to resolve these disputes without going to court through mediation, arbitration or just by agreeing on a different arrangement.

On Behalf of Zigray Law Office, LLC | Feb 19, 2022 | Will Contests Money is never going to make up for the loss of your parent, but receiving something in their will can at least bring a smile to your face. It could help you clear debts, treat yourself to a holiday or put a deposit on your first house. Discovering your parent left you nothing can therefore lead to a range of emotions, from anger to disbelief, from annoyance to suspicion. If you are the only expected heir to lose out, it can make it even harder to accept. Does the will have a no-contest clause? If the will has a no-contest clause, it slims your chances of challenging it. Ohio tends to uphold these clauses more than many other states. The clause also rules out the possibility your parent omitted you by accident. If there is no such clause, you have more options. Is the will genuine? Maybe your parent showed you a copy of their will a few months before they died. If this version is different, you want to trace how and when the changes occurred. If you visit the attorney listed as creating it and they know nothing about it, you may be able to claim fraud. Was there undue influence? If you can get a copy of an old will and the new one, you can see who has benefitted from you being removed as a beneficiary. Try to think if there is a valid reason for the change, and if you cannot think of one, consider what opportunities that person had to persuade your parent to change things. If they spent a lot of time alone with your parent while you were unable to visit, then you may need to investigate further. Parents sometimes disinherit their children for a reason.  Yet, if you cannot imagine your parent would have done this to you, seek legal help to examine your options for challenging the will you are shown.

On Behalf of Zigray Law Office, LLC | Feb 7, 2022 | Breach Of Fiduciary Duty In most cases, the executors of an estate are persons the deceased trusted to carry out the will. Within that period, they are in charge of the estate. The executor has access to virtually everything about the estate – bank accounts, assets, properties, and all. Essentially, all an executor has to do is consolidate the estate, pay off existing debts and distribute the remaining part to the heirs. But it is not always the case. An executor may act out of self-interest in a bid to benefit from the deceased estate. As the beneficiary, you need to protect your interests. An executor should act in the estate’s and beneficiaries’ best interests By saying the executor owes you a fiduciary duty, it means that they must always act in your best interests regarding the estate. Reckless decisions or anything that hurts the estate could amount to a breach of the fiduciary duty they owe you. Other instances may include paying themselves large fees from the estate’s funds, selling assets below market value, wastage, or theft of funds could also affect what you are rightfully entitled to. Taking action You need to protect your estate if you notice that the executor is not acting in your best interests. Having documentation of your claims should probably be your first step of action. After that, you can seek the court’s direction on changing the executor and recovering losses incurred by their actions. Cases of executors breaching their positions of trust are not uncommon. You may not be aware of everything regarding your estate, so you need to be keen, especially with the paper trail of all assets. Doing so will ensure that you get what you deserve from the estate of your loved one, just like they would have wanted.

On Behalf of Zigray Law Office, LLC | Jan 26, 2022 | Will Contests Tensions can run high after a family member has passed away. Coping with the loss of a loved one can be difficult enough, without adding the extra pressure of legal disputes. Sadly, family disputes related to estate plans are fairly common in the U.S. Not only can these result in personal fallouts, but they can also impact whether or not your final wishes are fully honored. Recognizing the more common sources of inheritance disputes could help you to avoid them and build an estate plan that functions according to your needs. The perception of unfairness If a family member has been left out of the will, they may feel aggrieved and entitled to their share of the inheritance. However, the law in Ohio does permit some family members to be left out of a will. Frequently, people opt to do this by simply leaving the person out of their estate plan. Nonetheless, this can result in disputes further down the line, as a person may have the scope to argue that it was not your true wish. A better option might be to specifically state in your chosen estate planning tools that the person is to be disinherited. Undue influence Another common source of probate dispute is when a family member feels that their loved one has been manipulated in some way. Regrettably, people can be selfish at times and a loved one may have been exposed to extended manipulation with the purpose of gaining financial rewards. Additionally, if someone is vulnerable, the risk of being manipulated can be heightened. For a will to be effective it needs to truly reflect the final wishes of a person, and if it doesn’t, challenges could be brought before the court. Ideally, you want your estate plan to put your family at ease rather than create conflict. With an in-depth understanding of your legal rights in Ohio, this is perfectly feasible.

On Behalf of Zigray Law Office, LLC | Jan 11, 2022 | Will Contests Adults have the legal right to create their own will or estate plan under Ohio law. Once someone reaches adulthood, they theoretically have the legal authority to enter into binding contracts and make crucial legal decisions for themselves. Sometimes, adults can develop medical conditions that may affect their cognitive function and decision-making ability. In scenarios where someone creates legal documents, like a will, after experiencing cognitive decline, the courts may choose not to uphold those documents due to the person’s lack of capacity. What are some medical conditions that could lead to allegations that someone lacked testamentary capacity when creating an estate plan? Alzheimer’s disease Some people experience major medical issues when they age, and Alzheimer’s disease is one of the most severe conditions affecting older adults. Alzheimer’s disease can undermine someone’s independent living ability and rational thought processes. Someone who created estate documents after a diagnosis with Alzheimer’s disease, unless it is in the earliest stages, may not have enforceable documents. Dementia Numerous medical conditions can lead to dementia, including Alzheimer’s disease. Dementia is a medical term for severe cognitive disruptions that limit someone’s ability to understand the world around them. Anyone with dementia will likely need support managing their affairs and be unable to make rational decisions. Severe mental health issues There are dozens of mental health issues, ranging from post-traumatic stress disorder to schizophrenia, that can impact someone’s ability to rationally manage their own affairs. If someone tried to create legally binding documents while suffering from a medical condition that affected their cognition, you may have grounds to challenge their estate plan because of their lack of testamentary capacity. Learning more about will contests should help you determine if your family needs to challenge someone’s last wishes in the Ohio probate courts.

On Behalf of Zigray Law Office, LLC | Jan 4, 2022 | Power Of Attorney The idea of being subject to guardianship makes many people nervous. No one wants to have someone else handling all of their major decisions or making decisions without even asking their input. Some people take the step of planning ahead for this possibility. They draft powers of attorney that delegate financial and medical authority to someone else in the event of their incapacitation. By taking this step while they still retain testamentary capacity, an older adult can effectively name their own guardian for when they are older and need more support. Unfortunately, naming the wrong person as the power of attorney could lead to hardship for an older adult if the person they trust abuses their authority. People don’t always put the right limitations in place The language of someone’s powers of attorney should make it clear what authority and control the agent(s) they named will have. The best protection comes from custom documents that specifically empower someone in certain regards while imposing limits on others. Giving someone only access to one bank account, for example, could reduce the risk of theft. Naming different people for different roles is another common strategy. Some people use basic documents with no unique language, and they may even grant one person almost unchecked authority over their finances and medical decisions. The person acting with power of attorney should do what is best for the person who drafted the documents, but that isn’t always what happens. Sometimes, family members may need to intervene. Gathering evidence that actions have undermined your vulnerable loved one’s best interest can help you fight back when someone with power of attorney who should want to protect your loved one acts in their own interest instead.

On Behalf of Zigray Law Office, LLC | Dec 15, 2021 | Will Contests As someone with an elderly loved one, one of the most frustrating things to deal with is suspecting that someone is negatively influencing your loved one’s choices. Your family member may have created a will that fairly distributed their assets in the past, for example, but you may have just found out that there is a new will that gives everything to a single person. Figuring out if that’s what your loved one actually wants – or if they’ve been unfairly influenced – is very important, because you and other heirs or beneficiaries may be able to help restore the previous version of the will. If other estate planning documents were affected, you may be able to have them amended or revoked to be sure that your loved one’s true wishes are still carried out. When may you suspect undue influence? There are some times when undue influence should be suspected. For example, if you know that your loved one is starting to deal with memory loss or is in the beginning stages of Alzheimer’s, now is the time to keep a close eye on their estate planning documents and other accounts. If you start to see unusual spending habits come up, or you notice that there is a new person that your loved one is around more than usual, you should look into those situations to make sure everything is happening with a good reason. For example, perhaps your mom or dad just really likes a new caregiver because they have a lot in common and now asks for them by name. Maybe that same care provider is spending a little more time than usual to set up the delivery of medical supplies or other needs to the home. It’s up to you to verify that every change has a purpose that makes sense. If you see changes that you can’t explain, like missing money, unusual changes in your parent or loved one’s behavior, or extra appointments with attorneys when you normally would have been involved in scheduling them, it’s time to start asking questions. If you find out that your loved one has been influenced, then you should work to quickly correct that influence by looking into your legal options.

On Behalf of Zigray Law Office, LLC | Dec 9, 2021 | Will Contests When your parents’ will was read, you expected to get similar assets as your siblings. However, you were shocked to find out that you’d been left much less money. In fact, your parents had only left you a single dollar. You were perplexed. Why would they do something like this? What is the point of giving you a single dollar, and why wouldn’t they just leave you out of the will entirely? They’re likely trying to prevent a will contest The odds are that your parent is simply trying to prevent a will contest on the grounds that you were accidentally forgotten. If they wanted to disinherit you and they just didn’t put your name in the will, you might be able to claim that they didn’t mean to leave you out and that the whole thing was a misunderstanding. This has been the basis for will contests in the past. If your parent leaves you a single dollar, they may believe that that is enough to stop a will contest because it proves that they didn’t forget about you. They may also choose to add a disinheritance clause to the will, stating that you’re being disinherited without leaving you anything. Do you still have any options? You may have options if you still want to start a contest. For instance, maybe you believe that your parents didn’t leave you a single dollar but that one of your siblings altered the will to essentially cut you out by reducing what you got. If you think anything like this has occurred, it can be very complicated, and you need to know all of the legal steps you should take moving forward.

On Behalf of Zigray Law Office, LLC | Nov 26, 2021 | Trust Contests The trustee overseeing a trust has a significant influence on the lives of others. They have to manage the assets in the trust. A trustee may need to physically secure and maintain assets like real estate, or they may need to make investment decisions about financial assets used to fund a trust. The way that they handle and distribute trust assets may affect the financial stability and opportunities for all of the beneficiaries of the trust. Most trustees will take their responsibilities seriously and act in the best interest of the beneficiaries of the trust. Unfortunately, trustees occasionally fail in their legal obligation to a trust and its beneficiaries. What should you do if a trustee has diminished trust resources through improper management or investment? You may need to ask the probate court to intervene A simple mistake or even a gross oversight by a trustee won’t automatically diminish their authority over the remaining assets in the trust. The beneficiaries of the trust will need to initiate a challenge against the trustee and the actions they have taken if they want to have someone else step into that role. If you have evidence that a trustee made significant mistakes in their management of trust assets, the courts may agree with your assertion and remove them from their position. Having a new trustee take over won’t undo the damage the previous trustee caused, but it can protect the remaining assets in a trust. Realizing that you may have to actively challenge a trustee not fulfilling their obligations properly can motivate you to involve the probate court in a trust administration issue.