On Behalf of Zigray Law Office, LLC | Sep 16, 2021 | Probate Litigation

Working through grief following the death of a loved one is never easy. If the deceased appointed you to be the executor of their estate, it means that they are counting on you to be able to execute their estate plan according to their wishes.

However, the probate process by which a deceased’s estate gets settled can be complicated, especially if you do not understand the legal terminology involved. This is why you need to seek professional help during the probate process. To make your life as an executor easier, you should consider engaging a probate litigation attorney when dealing with the following scenarios:

When there is doubt on the validity of the estate plan

Most often, especially when an elderly or a mentally impaired party is involved, an estate plan can be changed under suspicious circumstances with the goal of adding or removing a beneficiary. At times, the estate plan may contain omissions or mistakes that require attention. In either of these cases, there will be a need to contest or dispute the estate plan in court. When this happens, you will need the services of an estate litigation attorney to take you through the process of contesting the estate plan.

When the deceased’s party signed the plan while under undue influence

Undue influence happens when an individual in a position of power takes advantage of another person. This is one of the most common reasons for contesting an estate plan. Often, undue influence usually coincides with the claim that the deceased person did not have sufficient mental capacity when signing their last will. If you have evidence that someone reigned over the deceased person when creating the last will, you can engage a probate litigation attorney to help you challenge the validity of the estate plan.

Dealing with the death of a loved one while having to oversee the execution of their estate plan can be overwhelming, more so if you do not know where to begin. Without legal knowledge, you could make costly mistakes. With the help of an experienced probate litigation attorney, you can minimize the stress and ensure that your loved one’s estate plan is executed according to their wishes.

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On Behalf of Zigray Law Office, LLC | Sep 1, 2021 | Will Contests

Winding up a deceased person’s estate is necessary from both legal and emotional standpoints. Loved ones need the closure that comes with wrapping up the deceased’s earthly possessions so they can move through the grieving process. And this includes attending to the practical matters of dealing with the deceased’s assets and liabilities. 

Creating a will is a great way of ensuring that your assets and finances are distributed according to your wishes after passing on. However, if a will has defects, someone might contest it. Here are three mistakes that can easily result in conflicts over your will.

You fail to update your will following a major life event

Once you have created a will, it is tempting to lock it up in some safe and throw away the key. However, it is important that you review and update your will after going through major life events like getting married, divorced or getting a child. It is also important that you update your will to reflect changes in your assets. 

You have more than one will

It is not unusual for a person to create multiple wills during the course of their lifetime. If you have more than one will at the time of your passing, the court will refer to the latest will document when distributing your estate. However, there can be instances where old wills can cause confusion resulting in contestation. For instance, if you create a new will with misspelled names, the court can invalidate the said will. You can avoid contestation issues by destroying any previous wills. 

You include something illegal in the will

Your will can be invalidated if you include terms that are deemed illegal. For instance, you cannot include a jointly-owned asset like a matrimonial home in the will. Also, you cannot include 401(Ks) or life insurance in your will as these documents already feature a section where you assign a beneficiary. 

The death of a loved one triggers a lot of changes including assigning the deceased’s assets to new owners. Usually, the deceased’s will dictates how their assets and debts are distributed. Avoiding these common mistakes can save your dependents from the pain of will contestation. 

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On Behalf of Zigray Law Office, LLC | Aug 20, 2021 | Trust Contests

A trust contest can jeopardize your last wishes, deplete your estate and create a lasting rift in your family. Strange things happen – or rather, people act strangely – when money is at stake. A trust content can divide a family for generations. Besides, the cost of litigating a trust contest has been known to wipe out a huge chunk of an estate, leaving the dependents with nothing.

A trust is contested when a lawsuit is filed to challenge the validity of its content. If the lawsuit is successful, the court is left with no option but to invalidate your trust. The last thing you want to happen after your demise is your loved ones getting embroiled in a fight over your estate. 

Here are two common reasons that your trust can become the subject of a legal battle when you pass on. 

When the trust bears the names of dead trustees or beneficiaries

A trust is not a piece of document that you write and store in some safety box never to look at again. If your trustee or a beneficiary passes on, it is important that you remove their name from the trust. A trustee who was recently incapacitated should also be removed from your trust. This is also a great time to get the assurance that your designated trustees are still able, and willing, to act on your behalf. 

When the trustee is incompetent

It is worth noting that not everyone has the competence to handle your estate. It is important that you have a trustee who understands how to manage your affairs, dispose of your estate and distribute your assets to your beneficiaries. If your chosen trustee becomes ills, moves away or is incarcerated, they may no longer be competent to handle your trust. Your chosen trustee must also be a citizen of the United States. 

The death of a loved one is tough enough. It is important that you review your trust from time to time to ensure that it is up to date and makes sense. 

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On Behalf of Zigray Law Office, LLC | Aug 20, 2021 | Will Contests

Your mom dies and leaves everything she and your dad built up together to Brad, her new boyfriend. While you are happy that Mom found happiness with a 21-year-old croupier after dad died, you are not so delighted at being cut out of the will. What is more, you are confident this is not what your father would have wanted. He would have wanted the estate to go to you and your siblings.

You talk with your brothers and sisters and decide you will contest the will. Then your attorney points out your mom put a no-contest clause in. What now?

Is it worth challenging a will despite an in-terrorem clause?

No contest clauses or in-terrorem clauses, as they are officially known, are designed to scare you out of filing a will contest. They do this by threatening the loss of things you were due to receive if you launch a challenge. So, if everything is going to Brad, and you and your siblings will get nothing, then the only thing you have to lose is the legal expenses of the challenge.

If, however, your mom left you something and contesting her will would mean forfeiting that, you need to decide whether or not the gamble is worth it. Unlike the poker table where she met Brad, it is not entirely down to chance.

Typically Ohio courts uphold no-contest clauses, and unlike some states, they do not make exceptions for reasonable grounds, so you may need to look at other avenues. If, however, your mom did not include such a clause, there are various grounds on which you can seek to reclaim the estate you believe should be yours.

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On Behalf of Zigray Law Office, LLC | Aug 18, 2021 | Will Contests

When someone you love dies, your grief dominates the first few weeks after their passing. However, eventually, you have to start thinking about their legacy and your future.

Whether you lost a spouse or parent, upholding their last wishes is typically a way to respect the legacy they wanted to leave behind in the world. However, sometimes, there are warning signs that the estate plan or last will isn’t a real reflection of what your loved one wanted.

If you spot any of the three issues below, you may need to consider contesting the last will.

The terms of the estate plan contradict what you know

The more property and close relationships someone has, the more likely they are to talk about their estate planning preferences with the people they love. Talking things out will usually prevent conflicts because everyone knows what to expect.

However, if you learn at the reading of the will that almost all of the terms contradict what your loved one expressed as their preferences during their life, that could be a reason to suspect fraud.

There’s a digital estate plan with no authentication

Digital technology has made access to legal information easier, but it has also made people complacent about their own legal protection. Digital estate planning documents may be convenient, but they don’t have the authentication of a notary or an attorney in many cases. Especially if a digital last will contradict previous versions of someone’s estate plan, it could be a warning sign of fraud.

There are last-minute changes or surprise new documents

Most people create an estate plan and then update it as necessary rather than creating a completely new estate plan when things change. Discovering a newer, unknown set of documents could be a warning sign, as could someone making changes to an estate plan in the last months of their life.

For example, someone could have tricked the testator into signing a document whose contents they did not understand or could have forged their signature on completely false documents.

Recognizing the potential warning signs of fraud might be a good reason to consider contesting a last will. A successful challenge might revert the estate to an earlier last will and better uphold your loved one’s stated wishes.

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On Behalf of Zigray Law Office, LLC | Jul 26, 2021 | Will Contests

One of the reasons that people in Ohio write their will is to lessen or eliminate the possibility of ugly, drawn-out legal arguments erupting over who gets their assets after they die. If you make the distribution of what you owned clear in your will, hopefully, that should not happen. Still, someone may come along and decide to contest your will anyway, for that or other reasons. Are there ways that you can stop it from happening?

There may not be a surefire method of preventing will contests, but you can use a few avenues to make it a lot tougher for somebody to succeed or deter them before they even start a fight. Being aware of these deterrents may help you a lot later on.

One of the easiest and most obvious ones is to write your will at a point in your life when no one can claim you are not competent. With that in mind, don’t put off the task of making your will! Get to it now rather than years down the line. Even if you make changes to it at some point, at least you committed your wishes to paper.

Strategies you can use to make your will harder to contest

Here are some ideas from experts that you might want to consider:

• Think about having a no-contest clause (sometimes referred to as an in terrorem clause) inserted in your will. This clause stipulates that if someone takes issue with your will with a lawsuit, they can be disinherited.
• Tell those close to you, such as your immediate family members, what is stated in your will. Being open bout its contents can avoid surprises for them later on.
• You might want to create a revocable living trust.
• Keep your will up-to-date. That sends a message that it accurately reflects your wishes.

Consider seeking advice about making your will as challenge-proof as possible. The time and effort you invest doing this now can spare your heirs from enduring legal hassles after you are gone.

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On Behalf of Zigray Law Office, LLC | Jul 14, 2021 | Guardianships

Two prominent senators wrote to the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) last week to express concerns about the guardianship system.

Guardians play a vital role in caring for an estimated 1.3 million people, yet sometimes guardians abuse their position. Due to a lack of information, there is little clear evidence to show what percentage of guardianships work and what percentage have issues.

The senators want the federal authorities to step up and oversee guardianship nationwide. They want them to gather the data so that lawmakers can address issues in the system and improve life for those living under another person’s control.

How can guardians abuse their position?

If a family member is under guardianship, it is essential to keep an eye on things to ensure the guardian does not breach their fiduciary duty or other responsibilities. Here are some of the things to watch for:

• Dwindling bank accounts: Not everyone can resist the temptation of free access to funds, and a guardian may use their ward’s money as their own.
• Poor healthcare decisions: Do not be afraid to consult other medics if you feel the guardian’s choice of health care provider or the decisions they make are harming your loved one.
• Abuse: Guardians may abuse their wards in numerous ways, including physically and mentally — and their victims may not be believed.

Guardians have a duty to provide annual reports to the court. If they are not, then they may be trying to hide something. Or it could be a sign they do not take their role seriously. 

Challenging guardianship may not be easy, but neither is watching someone you care about suffering. If you have any doubts about your loved one’s guardianship, it is crucial to understand the options available to take action.

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On Behalf of Zigray Law Office, LLC | Jul 2, 2021 | Will Contests

Many people put off making a will until they absolutely have to. Some never do it at all, thinking it’s morbid or unnecessary. But what if you have a loved one who has made a will and you suspect that the document is not valid?

There can be legitimate reasons for your uneasiness. Maybe the instructions in the will for the distribution of the person’s assets don’t correspond with what he or she told you about the matter in the past. Or perhaps what is written in the will just does not seem to match up with this individual’s personality, likes or dislikes.

Whatever the reason is, you just have a nagging feeling you can’t dismiss that all is not quite right with this will. What are legal grounds are available to you if you decide to challenge it?

First, keep in mind you can’t contest a will because its provisions simply aren’t to your personal liking. So if your father, for example, left a sizable inheritance to someone else rather than you and you’re bitterly disappointed, that does not constitute grounds to contest the will.

In addition, there are other potential roadblocks. Contesting a will can be costly. You might end up on the hook paying for an attorney and an expert along with court fees. And there is yet another thing to consider. Invalidating a will is definitely not an easy process. A favorable outcome is not a sure thing.

Grounds to contest a will

• There was a failure to adhere to state law governing appropriate procedures when the will was actually signed.
• The person did not have “testamentary capacity” – that is, he or she comprehends “the legal effect of signing a will.”
• Someone exercised “undue influence” over the person when he or she created the will.
• The person was duped into signing the will.

Contesting a will can be a drawn-out, expensive endeavor that does not guarantee you success. Know what you are getting into in Ohio before you begin the process.

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On Behalf of Zigray Law Office, LLC | Jun 21, 2021 | Probate Litigation

Payable-on-death designations are used on all kinds of financial accounts, including savings and checking accounts. They provide an easy (and immediate) way for money to transfer to someone else as soon as the owner of the account passes away.

But a payable-on-death designation can be problematic and called into question by someone’s heirs for a number of reasons. Anyone who is creating an estate plan (and anybody in charge of someone’s estate) should understand as much as they can about how these designations work.

Payable-on-death designations override what’s in a will

Financial accounts with a payable-on-death designation are governed solely by that designation. In other words, nothing written in someone’s will can override the designation on the account. 

Payable-on-death designations can lead to legal disputes in a number of situations. Sometimes, for example, a testator will make their oldest adult child the payable-on-death beneficiary and expect them to share with their siblings. The moral obligation might be there, but they may not have any legal obligation to do so — which will likely lead to trouble.

Sometimes a testator simply forgets who they made their payable-on-death designee, so they write the account into their will and leave the asset to someone else. Quite naturally, that’s going to leave the person named in the will and the person who actually receives the money at odds.

The legal challenges of payable on death designations are often very complex. If you think that there’s a valid issue with a payable on death designation, be sure to review the matter thoroughly. It might behoove you to discuss it with a person who’s familiar with these cases. It’s important that the decedent’s wishes are met. 

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On Behalf of Zigray Law Office, LLC | Jun 18, 2021 | Probate Litigation

The probate process can be long and tedious for those involved, especially if there is a dispute. Probate happens for many estates in Ohio, but when an estate plan is set up correctly and everything goes smoothly, it usually takes between six months and a year.

When there are concerns about will contests, undue influence and other issues, probate may take much longer. In fact, in some cases, it could take years to get to a point where the assets may be distributed to the rightful heirs and beneficiaries.

The basic chronology of probate

Probate is a process with a few specific steps. To start with, the executor files a petition for probate with the court. The executor will need to get a probate bond at this point, so that they have protection in the case they make errors that cost the estate money or other losses.

The court has to approve the executor. If they are, then they will receive the Letters of Administration, which are also known as the Letters Testamentary. These give them the right to manage the estate, sell assets, pay bills and more.

Executors are next required to give notice to creditors and to take inventory of the estate. It may be at this point that problems start to arise, such as if parts of the estate seem to be missing or proof of ownership is unavailable.

Following this, the executor has to pay estate taxes. Finally, the remaining estate is distributed among heirs.

Why does probate take so long?

Probate can be a very long process depending on how the decedent’s estate plan was designed and if their estate was in order prior to death. By using tools like trusts, some peoplare are able to bypass the probate process.

If there are disputes within a family or between creditors, then probate will take longer. If an executor’s role is challenged or someone files a will contest because of discrepancies between new and past wills, then it may be months or years before a resolution is reached.

If you’re facing this kind of litigation in probate court, it’s vital to know the law and how to proceed to protect yourself and the estate.

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