On Behalf of Zigray Law Office, LLC | Jun 7, 2021 | Will Contests

There may be surprises in store when a loved one dies. These can be pleasurable ones, such as finding out your aunt left you a fortune you never knew she had. Or, they can be less pleasant.

Perhaps the most disappointing of all is finding out that a family member is trying to deceive you. Yet, it happens frequently. People throw their morals aside and steal from their families.

Estate executors and people who cared for your loved one could also do so. Yet, family members tend to have more opportunities than most,

How can people steal your inheritance?

There is a range of ways people can take what is not theirs. These include:

• Stealing physical objects: If you look in your mom’s jewelry box and notice her favorite earrings are missing, it could mean someone has taken them. It could have happened while she was still alive or after when sorting belongings.
• Altering documents: If you only see a photocopy of the will, you may not notice a couple of zeros deleted from the amount left to you on the original.
• Borrowing money: if your dad lent your sister $100,000, that is his right. Yet, if it was a loan, you might she should have mentioned it to you once he died, so you can adjust the estate distribution to account for that.

It pays to do some quiet investigation before accusing someone of stealing your inheritance. The death of a loved one is an emotional time, and people may forget to mention money or items they borrowed. However, if you are sure they are stealing, legal options are available to recover what is yours, even if you never regain the trust.

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On Behalf of Zigray Law Office, LLC | May 25, 2021 | Will Contests

When individuals speak about details that may delay the estate planning process, they often mention challenges in locating beneficiaries and selling off assets to facilitate the distribution of assets to heirs. 

Sometimes, however, the disputes are personal. Many individuals may not realize how many legal battles during the probate process involve stepmothers and their stepchildren. There are many reasons why this is the case.

Is it common for stepmoms not to mesh well with their stepkids?

Research published by the media company NextAvenue captures how 20% of adults struggle to get along with their stepmothers. Time doesn’t heal all wounds either. NextAvenue’s research shows that adult child-step parent relationships tend to deteriorate in time. 

Why do stepchildren and their stepmoms struggle during the probate process?

The NextAvenue study’s researchers determined that stepmothers often outlive their husbands. This leaves stepmothers inheriting the bulk of their husbands’ wealth. The researchers discovered that stepchildren are most apt to contest their deceased parent’s will the more inequitable their inheritance promises to be compared to their stepmothers’. 

Stepchildren are most apt to wage undue influence claims in instances such as these, especially if their father and stepmother married only a short time or their father experienced a mental disorder before their demise. Probate disputes also often arise over a stepmother and step childrens’ differing perspectives on burial preferences. 

Contesting a will isn’t easy

Many beneficiaries claim that they’re going to contest a will when they discover that they got short-changed. Contesting a will is a lot easier said than done, though. 

The burden falls on your shoulders to prove that undue influence occurred, for example. You must back up any allegations with evidence. An attorney can review your case to determine if you meet the valid grounds for contesting a will and if so, advise you on how to proceed from there. 

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On Behalf of Zigray Law Office, LLC | May 7, 2021 | Guardianships

Guardianship involves providing care and support for someone who can not do so for themselves. Parents are typically the guardians of their children, although other people can also serve a guardianship role.

Parents name guardians in their estate plans so that someone can take care of their children in case they die before their kids are grown. Those concerned about the welfare of older adults can also pursue a guardianship to make sure that vulnerable adults have the support and care they need to stay safe.

People sometimes choose to seek guardianship over their children with special needs when those children become adults. People may seek guardianship over siblings who suffer from debilitating medical conditions and even parents will begin to the due to age. What should you know about guardianship for an adult in Ohio?

The probate courts make one person legally responsible for another

Getting a guardianship in Ohio requires that you go to a probate court. The court will review evidence that the person in question is not capable of handling their own affairs. If the judge agrees that the person lacks testamentary capacity, they will name someone as guardian. That guardian will assume responsibility for the needs and decisions of the ward.

What does a guardian do?

Guardians may control the living circumstances of their wards. They often provide shelter or decide what facility is best for a loved one with special needs. A guardian can make decisions about medical care, financial resources and even education and enrichment programs.

Guardians have an obligation to act in the best interests of their wards and to file paperwork periodically with the Ohio probate courts to explain what actions they have taken and update the courts on the condition of their ward.

Seeking a guardianship can protect vulnerable adults, but it comes with a lot of responsibility. Understanding what is necessary for an Ohio guardianship can help you navigate this process properly. An experienced attorney can provide you with guidance.

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On Behalf of Zigray Law Office, LLC | Apr 25, 2021 | Will Contests

Questions about undue influence may arise once a case once someone passes away. One heir may allege that another used undue influence to have the elderly person alter their will. 

The basic premise of this argument is that the person didn’t want to write their will the way they did, but they felt pressured into it or manipulated into writing it the way the other individual desired. While this idea makes logical sense and can explain why a will is surprising to heirs who expected something else, an heir who alleges undue influence occurred must prove that it happened. 

You may wonder what warning signs to look for to determine whether someone subjected your loved one to undue influence. This knowledge may aid you in deciding whether to contest your loved one’s will.

Someone in a position of authority

Elderly individuals are most apt to have someone subject them to undue influence when they’re dependent on someone else for their care. One sign of potential undue influence is if your loved one’s caretaker withholds medications from them until they make certain changes to their will. 

Recent alterations

You’ll also want to watch out for recent changes to your loved one’s will. If someone drafted a will ten years ago and never touched it, then updated it while in another person’s care a week or two before passing away, then it could be a sign that someone manipulated them into doing so.

Wills that favor one person

Naturally, the most common evidence of undue influence is when alterations favor a single person at the expense of others. It raises a lot of red flags if one heir receives 90% of the estate. 

Determining whether undue influence was at play in your loved one’s case

Suspicions and proof of undue influence aren’t the same. An attorney will want to learn more about your concerns. Your lawyer can then advise you of the legal options that you can pursue in your case.

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

There is so much involved in being an executor for someone’s estate that it is essentially a full-time job. You may need to devote dozens of hours of your life to handling paperwork, making phone calls and resolving financial issues.

In addition to all of that work, an executor takes on certain risks, like the potential for creditors and government taxation authorities to hold them responsible for unpaid debt and taxes. Handling the process carefully is crucial. An executor may need help reviewing the estate plan and making sure that they comply with all of their legal obligations.

Hiring a probate attorney could be expensive, especially if you find yourself facing challenges or probate litigation. Will you have to foot the bill for an attorney on top of giving up so much of your time?

Ohio state law recognizes the work of an executor

Although handling someone else’s estate is often a thankless job, that doesn’t mean there aren’t directions for executives. Specifically, Ohio’s probate laws allow an executor to retain an attorney when necessary and to use funds from the estate to cover the cost of their representation.

Whether an executor needs a lawyer to review the estate plan for legal issues or they have to defend themselves from a challenge in court, it is the assets from the estate that will pay for those costs. An executor should not have to use their own resources if they need legal help while handling someone else’s final wishes.

The estate will cover reasonable attorney costs

State law gives an executor the authority to claim reasonable legal costs and other necessary fees from the estate, likely before they begin distributing any property to the beneficiaries of the estate. What is reasonable is subjective, so executors could be at risk of people claiming that they wasted resources unnecessarily.

Keeping careful documentation of what services the estate pays for is an important step for an executor. Without an explanation for why someone billed you for 15 hours of legal advice, beneficiaries might try to challenge your costs as unreasonable or excessive.

Keeping records is usually one of the most important protective steps an executor can take when they worry that someone might challenge their actions or their role.

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On Behalf of Zigray Law Office, LLC | Apr 13, 2021 | Trust Contests

An irrevocable trust is forever, right? Well, not necessarily.

When a trust no longer seems to serve the purposes for which it was intended or the laws have changed in ways that no longer work well with the terms of the trust, an old trust can sometimes be “decanted” into a new one. Assets in the existing trust are then poured into the new trust.

Why would you decant a trust?

Ohio is one of the states in which decanting an irrevocable trust is possible. While the beneficiaries of the trust have to be given notice that the trust is to be decanted (and, therefore, given time to object), a trustee doesn’t necessarily have to have their permission.

Some of the most common reasons to decant a trust include:

• To reframe the distribution of assets to better protect them against unnecessary estate taxes by taking advantage of changes in tax and inheritance laws
• To give the trustee absolute discretion over distributions (and thus deny creditors and a beneficiary’s divorcing spouse the chance to take the money)
• To fix obvious errors, mistakes and ambiguities in the existing trust by creating a new one that is clear and error-free
• To move the trust into a jurisdiction that has more favorable tax laws or protections against creditors
• To update provisions so that successor trustees or successor beneficiaries can be named when the old trust doesn’t contain them
• To merge several trusts into a single newly-formed trust that’s easier (and cheaper) to administer
• To create separate trusts for each beneficiary, so that they can be more responsive to that person’s needs

Unfortunately, you may not be able to proceed with your plans easily if the beneficiary or another party with standing objects to the process. If you’re in a dispute over a trust, talk to an attorney as soon as possible.

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On Behalf of Zigray Law Office, LLC | Mar 29, 2021 | Will Contests

Your parents had a life insurance policy, and they counted it as a major part of their estate. When they passed away, though, you found that the designation was not what you’d expected. You’re not named and you’ll get nothing.

Can you dispute this? 

In some cases, disputes are possible

Disputes are not always possible. Just because you wanted to get the money does not mean you have the legal grounds to dispute things if you don’t. That decision is up to your parents, and they made it. However, there are some limited situations in which you can dispute the designation on their insurance.

For instance, maybe you know you were listed as the beneficiary of the policies for decades. You have proof. Then, a month before they passed away, your parents changed the designation to someone else. You may be able to challenge on the grounds that the other person used undue influence to get your parents to make the change or that your parents lacked the mental capacity to understand what such a change would mean for you. 

Another example is if your parents had been married and divorced multiple times, and the people named as beneficiaries do not reflect your current family situation. You may be able to argue that your parents clearly intended the money to go to you and simply forgot to update the policy when they updated the rest of their estate plan. 

This can be a complex process

It’s putting it lightly to say that these types of challenges are complicated. You must know exactly what options you have and what steps to take as you move forward. Because your time to act is very limited, you need to seek help from an experienced advocate as quickly as possible.

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On Behalf of Zigray Law Office, LLC | Mar 15, 2021 | Trust Contests

When you’re developing your estate plan, choosing an executor to manage your estate and trustees to manage your trusts after you’re gone are among the most important decisions you’ll make. If you’re a family member or other beneficiary of a will or trust, you’ll have to depend on these people to carry out their duties honestly and responsibly.

If you are counting on the assets in a trust to support you, you’re going to have to deal with the trustee. But what if you don’t think that person is carrying out the wishes of your loved one as they intended? Can you have the trustee removed?

You may be able to, but it might not be easy. You will have to prove to the court that the reasons for removal of the trustee are justified.

What does Ohio law say?

Under Ohio law,  a beneficiary can ask the court to remove a trustee (or a judge can do it on their own) if a trustee:

• Commits a serious breach of trust
• Can’t cooperate with co-trustees and causing the trust not to be properly administered
• Is unwilling or unable to administer the trust effectively

Each state has its own probate statutes that address this matter and protect the trust, its assets by allowing for the removal of trustees based on “good cause.”

Seeking to remove a trustee can be a long, combative process that could end up taking money from the estate. That doesn’t mean it shouldn’t be done in some cases. Too often, people choose trustees and other administrators based on personal reasons rather than on their qualifications to handle the responsibilities. In some cases, a trust grantor may be pressured to put them in charge of a trust by the would-be trustee’s own selfish or unscrupulous motives.

If you’re considering removing a trustee, talk with an experienced estate planning attorney who can provide valuable guidance. They can also support you if you have a valid case for moving forward with the action.

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

An estimated 60% of the American population is aware of the need to have a will in place, yet research shows that only 40% have drafted one. One of the main reasons Americans don’t have wills is that they are misinformed about what happens if they don’t have one. These misconceptions often lead to contested cases.

Common misconceptions of would-be testators

Many individuals avoid drafting wills because they assume probate judges sort out who gets what when they die. While it’s true that the court ultimately decides what happens with an estate if a decedent passes away without a will, they follow a state’s intestate succession laws in doing so.

It’s also not uncommon for individuals to avoid drafting wills because they assume that the transfer of their property to a spouse, for example, is automatic. This outcome generally only happens when the homeowner tells their spouse, adult children or anyone else that they plan to deed their house to them and facilitate the transfer before their passing.

Another misconception that individuals have is what it takes to avoid the probate process. Some are under a false impression that all it takes to skip the probate process is to draft a will and appoint an executor to administer their estate. While setting up a trust may help testators avoid the probate process, simply drafting a will and appointing an executor does not.

One of the last misconceptions that individuals often have is that they can protect any assets they earmark for the others in their will from their creditors’ reach. One of the first steps executors must take is to settle up with a testator’s creditors. Executors may have to sell off a decedent’s assets to pay any of the testator’s outstanding debts. Thus, a beneficiary may not receive them. Trusts are the only asset protection tool that shields assets from creditors.

What to do when a misconception leads to litigation

Many will and trust disputes stem from Toledo residents making the wrong choices during the estate planning process. An Ohio probate litigation attorney can aid you in unraveling any potentially problematic wills or trust matters that lead to litigation.

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

Going through estate litigation after the passing of a loved one can be a very distressing thing to go through. That’s why it’s important that you seek support from friends and those who will advocate for you. Knowing that you are not going through this alone and having a support system that will remind you of why you are doing this is vital.

It’s likely that you intend to go through estate litigation because you believe strongly that your loved one’s true last wishes were not respected, and you want to get justice on their behalf. You may believe that an influential person in your loved one’s life was manipulative or coercive to the point that they convinced them to change their will. This is what is known as undue influence. While undue influence is sadly quite common, it can be difficult to prove. The following are some tips for convincing the courts that your loved one was a victim of undue influence.

The testator was vulnerable

Those in sound body and mind are generally not vulnerable to undue influence, because they can stand their ground and not let a person deceive or manipulate them. However, those who are suffering from dementia or have physical limitations may be more likely to be coerced either through threats or deception.

The relationship intensified quickly

Short-lived, intense relationships are more likely to be ones that involve undue influence. A typical example is that of a caregiver who forms a romantic relationship with an elderly person in order to convince them to change their will.

A natural beneficiary was disinherited unexpectedly

If a natural beneficiary was disinherited unexpectedly, this will likely raise red flags to the courts, especially if the beneficiary was a spouse or a child that had a good relationship with the testator.

If you believe that your loved one’s will was altered as a result of undue influence, it is important that you take action to get justice on their behalf.

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