On Behalf of Zigray Law Office, LLC | Jun 4, 2020 | Uncategorized

The decision to seek guardianship of an adult is important. It impacts the lives of the person who needs extra care and their guardian.

A guardian might be necessary when someone cannot manage their business, financial or legal matters. Parents act as the guardian of their children until they are 18. Once they reach that age, the probate court can appoint a guardian.

There are several types of guardianship. Each carries different responsibilities. The guardian helps manage specific areas of a person’s life. Understanding these will make the decision and transition easier for everyone involved.

Understanding the types of guardianship is important

The person who needs guardianship (the ward) loses their right to act on their own behalf. It is important to understand the types of guardianships allowed in Ohio, They are:

• Co-guardianship. This is when the court appoints two people to make decisions.
• Emergency guardianship. A guardian can be appointed to prevent damage to the estate or to the ward. This can last up to 72 hours. There must be a good cause. The guardianship can be extended up to 30 days.
• The estate. The guardian may make all financial decisions.
• I When a guardian quits or is removed and immediate attention is needed, an interim can be appointed.
• Limited guardianship. This is guidance for one part of the ward’s life.
• The Person. The day-to-day decisions (except financial decisions) are handed over to the guardian.
• Person and the estate. This includes the authority to make almost all decisions.

Acting on someone’s behalf is often necessary

The appointment can take time with complications. The court determines if the ward is incapable of caring for themselves or their property. Understanding the differences and responsibilities can make your decision easier.

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On Behalf of Zigray Law Office, LLC | Jun 1, 2020 | Probate Litigation, Will Contests

There are various reasons as to why someone would want to contest a will. Maybe the person was surprised to find out that he or she has been left out of the will, or maybe the person has discovered that the will is not valid at all. Regardless of the reasons, it is important to consider the cost of contesting the will and whether it is recommended to do so or not.

What to know:

When someone is looking to contest a will, the person must look into the time limit that he or she has to contest it. In the state of Ohio, the time limits and procedures to contest a will is up to 3 months. Usually, the time starts to run the moment the will is sent to court.

Reasons to contest

One cannot simply contest the validity of the will without having a reason to do so. The most common reasons as to why someone might do this is when the person has discovered some irregularities in the will that challenge its validity. For example, one reason might be that the signature was missing or it was done with complete disregard to the proper formalities; another reason might be that the testator did not have the legal capacity to write the will; perhaps the testator was influenced by an external force that manipulated the testator into making the will in a certain way that contradicted his or her last wishes; finally, the will or some of its elements were forged or it was created fraudulently.

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On Behalf of Zigray Law Office, LLC | May 28, 2020 | Trust Contests

Many people set up revocable living trusts to provide themselves with an opportunity to control the fate of their properties and to help their loved ones avoid probate upon their death. Assets that may go into the name of the trust include homes, accounts and even stocks. Just as they may contest a will, for similar reasons individuals may also contest a trust.

There are a few things you should note if you are considering contesting a revocable living trust. First, while you may only contest a will for up to three months, Ohio allows for a two-year time window for heirs or beneficiaries to challenge a trust following the grantor’s death. You will want to speak with an attorney as soon as possible to discuss the grounds of your contest with a legal professional.

What happens next?

Once you are sure you are within your rights to challenge, you will need to draft a complaint that states your reasons for challenging – specifically answering the question: Why do you have rights as a beneficiary? It may also help you to know how what to expect.

Challenging a revocable living trust can get quite complicated. The act of contesting a will is a challenge of the will’s validity as it resolves following a person’s death. But, in the case of a trust, you will need to prove it was invalid since the moment the trust was signed.

Furthermore, the defense will have the option to use the trust assets to pay fees in defense of its validity. Do not let that discourage you from challenging a trust, however. You may have justifiable reasons and the necessary evidence to move forward.

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On Behalf of Zigray Law Office, LLC | May 19, 2020 | Will Contests

As with any legal document, when creating your will the law requires that you have the mental ability to do so. This does not mean that you have to be an expert on estate planning. It means that when you draw up your will, you must understand what its terms mean for your estate after you pass away.

This legal requirement is called “testamentary capacity.” The law presumes that you had testamentary capacity at the time you created or changed your will, but someone else can challenge that presumption during the probate process. These challenges usually come from a family member, perhaps because they are unhappy with the size of their inheritance, or they are concerned that a late-in-life change to the will was not the true intention of the deceased.

What can take away testamentary capacity?

Factors that can impact the testamentary capacity of a testator (person who created the will) include:

• Dementia brought on by a disease such as Alzheimer’s
• Senility caused by aging
• Mental illness
• The testator being under the influence of drugs or alcohol at the time

Proving testamentary incapacity can involve evidence from the testator’s medical history, as well as witness accounts of their apparent judgment, memory and comprehension at the time of the challenged will. If the probate judge determines that the testator lacked testamentary capacity, they will invalidate the will. If the testator had a previous valid will, that could be used instead. If not, Ohio’s intestate law will determine how the estate is distributed.

You need legal support to get through a will challenge

If you are thinking about challenging a will, or if you are the executor to a will that is being challenged, you will not have much hope of success in probate litigation on your own. An attorney who practices probate litigation will help you reach the best possible conclusion to the dispute.

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On Behalf of Zigray Law Office, LLC | May 15, 2020 | Uncategorized

Many older individuals reach stages in life when they can no longer care for themselves. In some cases, it may be necessary for Ohio courts to appoint a guardian for an elderly individual to ensure that he or she receives proper care. Unfortunately, not all people appointed to this role make care their priority.

It is a sad reality that elder abuse and neglect continue to take place. Older people could face physical and emotional abuse, financial exploitation and neglect from those who are supposed to ensure their well-being. Though acting as a guardian can certainly be stressful at times, it does not mean that a person in this position has the right to harm the person in his or her care or to neglect necessary care responsibilities.

Some people may worry that their elderly loved ones are not receiving the proper care, but it can be difficult to know for sure. If a loved one has unexplained bruises, broken bones, red marks on his or her skin, broken glasses or other issues, those details could point to physical abuse. If a loved one becomes withdrawn or depressed or even if a person witnesses the caregiver making threats or belittling the loved one, emotional abuse may be occurring.

It can sometimes be tempting to brush off such concerns as overreactions, but it is important to remember that an elderly person who needs a guardian likely cannot speak up for him or herself or may be afraid to. If Ohio residents believe that a caregiver is not treating a loved one appropriately, it may be necessary to take legal action to have that person removed from the position. This task is not always easy, so it is wise for those with such concerns to contact elder law attorneys about their legal options.

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On Behalf of Zigray Law Office, LLC | May 14, 2020 | Probate Litigation

It is not uncommon for the contents of a loved one’s will to disappoint at least one prospective heir. The disappointment may stem from receiving a smaller portion than anticipated or from being cut out of the will altogether. Blended families, multiple marriages and other factors may complicate the Ohio estate planning process, and some who feel short-changed by a loved one’s bequest may seek satisfaction in probate court. However, will contests are not for the faint of heart.

Someone who is considering contesting a will should understand the challenges he or she will face. To begin with, a will contest will almost certainly pit family members against each other, and the rifts that result may last a lifetime. The discovery phase may be brutal, and other heirs may try to portray the contestant as greedy. It will be important for the contestant to be well-prepared for the negative aspects of the process.

Anyone planning to dispute the contents of a will should be aware of Ohio’s time limit for filing suit. Meeting with an attorney as soon as possible after the death of the loved one is a good way to get started on building a strategy. Contesting a will is not cheap, and the loss of an inheritance worth only a few hundred dollars may not be worth the cost of probate litigation. However, if a fortune is on the line, heirs may agree it is worth fighting for their rights.

In many cases, will contests can be settled without the cost and stress of a trial. Ohio residents who feel a loved one’s will treats them unfairly would be wise to seek an attorney who is comfortable with negotiations as well as in the courtroom. A good start is to receive an honest assessment of the situation and advice about the most appropriate way to proceed.

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On Behalf of Zigray Law Office, LLC | May 13, 2020 | Probate Litigation

Probate litigation has opened many doors for those who are looking to challenge wills. There are plenty of instances when someone would rely on this but usually the court choose to pass the wills since they consider it to be the testator’s voice expressing his or her final wishes. Courts rarely ever choose not to pass the will unless some grounds are raised during the probate litigation process.

Testamentary capacity

It is required for every testator to have testamentary capacity when he or she devised their will. Testamentary capacity requires that the testator be at least 18 years old and that he or she had the mental capacity to write the will by themselves. If any of these elements are not met, then a will can be challenged in court.

Excluded from the will

This is usually a hard case to win considering that if the testator would have wanted to give some of his property to the excluded person, then he or she would have appeared in the will. However, if the excluded party believes that he or she has been left out due to duress or because someone took advantage of the testator’s mental state, then these could be grounds for an investigation that can lead to the reason why the person was excluded.

Fraud and undue influence

Sometimes someone has intentionally manipulated the testator’s will by tampering with it or simply by influencing the testator during the writing process. If this can be proven, then the court might dismiss the will altogether.

Another will

It has happened that the testator has written two wills. When something like this happens, then the latest will shall trump the former one since it is considered that the latest one holds the executor’s final wishes.

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On Behalf of Zigray Law Office, LLC | May 1, 2020 | Will Contests

Individuals work hard to develop a comprehensive estate plan to ensure the proper distribution of property when they pass away. Unfortunately, many people can suffer the effects of undue influence without even realizing they are being manipulated.

What is undue influence?

Various organizations define the topic in different ways. The American Bar Association states that undue influence means “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will.” It is important to examine four factors in determining whether an action was the result of undue influence.

1. Vulnerability of the victim: In this context, vulnerability can refer to incapacity, disability, age, education, emotional distress or cognitive function. Essentially, anything the influencer can exploit to take advantage.
2. The influencer’s apparent authority: The influencer might exhibit authority through status as a fiduciary, family member, health care provider or spiritual adviser.
3. The actions of the influencer: Did the influencer control medications, access to information or access to loved ones? Did the influencer coerce or in other ways intimidate the victim to make changes?
4. The equity of the result: There must be evidence of inequity such as economic consequences suffered by the victim.

A will contest – or any type of estate dispute – can be a complex, emotional matter. Whether you are challenging the validity of a will or defending an elderly loved one’s estate plan, it is crucial that you have a skilled legal professional fighting on your side.

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On Behalf of Zigray Law Office, LLC | Apr 24, 2020 | Uncategorized

Appointment to conservatorship is a huge responsibility. Unfortunately, some people seek ways to abuse this power rather than to work to protect the person whose needs they’ve been appointed to serve.

Although family members and others close to the conservatee might wish to pick the person in charge, courts often appoint someone on the protected person’s behalf. A conservator can’t be removed simply because friends or family dislike the person.

However, there are circumstances where removal is worth pursuing because the conservator is demonstrating proven mishandling, incapability, or malicious intent.

How to spot conservatorship abuse

It’s not always easy to spot the signs of a conservator abusing their power, but there are certain things to watch for, including:

• Bills that are unpaid
• Irregular or inexplicable bank withdrawals
• The sudden loss of money, property, or other assets
• Unannounced changes to the will or other estate plans

It can be difficult to monitor activities, but fortunately, there is now software available in addition to other monitoring services that allow audits and the peace of mind that someone is keeping an eye on the business relationship.

If you do find a reason to suspect abuse of a conservatorship, possible offenses being committed include fraud, embezzlement, blackmail, or theft. It’s critical to seek legal counsel if you do suspect a loved one is being taken advantage of.

In court, if there’s reasonable evidence that the appointed conservator is committing these violations, a judge can appoint a new conservator. The family of the protected person can explore with their attorney the possibility of filing a lawsuit or bringing charges against the person who committed the violations to help protect other vulnerable people from being taken advantage of.

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On Behalf of Zigray Law Office, LLC | Apr 2, 2020 | Life Insurance

Are you one of the millions of Americans who have gotten remarried after a divorce or gone through another major life change? If your answer is yes, take a moment to consider if you have kept your beneficiaries up to date on your life insurance policy.

Keep your beneficiary updated

The average person buys their life insurance policy when buying a home, getting married, or having kids. And because life is well…life…people get divorced, remarry, have more kids (or step kids come into the picture), or have their family dynamic change for yet another reason altogether.

“Gee, I should really update my life insurance policy,” is likely not the first thing on your mind in the middle of any life change…but forgetting to update your life insurance policy at all can lead to problems for your surviving family members after you are gone.

Save your family the drama

It’s easy- and understandable – to overlook paperwork during major life changes. But it’s an oversight that could lead to your life insurance policy still naming your ex-spouse as beneficiary. In an instance like this, your surviving spouse could conceivably contest your ex-spouse as the named beneficiary on your life insurance policy.

If your family decides to contest your life insurance policy, they may face a difficult, drawn out, and expensive legal fight. The final call doesn’t belong to the insurance company but to the courts.

Making sure to update your life insurance beneficiary(ies) saves your family the drama of a legal battle while they are grieving. Just make sure to document your updates and tell your loved ones. Knowing you’ve done all you can to provide for them after your passing can provide you with peace of mind.

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