On Behalf of Zigray Law Office, LLC | Feb 26, 2015 | Probate Litigation

The loss of a loved one can be profound and leave surviving family members grappling with many unanswered questions and unresolved issues. At times, such matters may be exacerbated by the contents of a loved one’s will, the discovery of named beneficiaries or other inheritance issues.

Estate disputes that arise in the wake of a family member’s death can create deep rifts and resentments among family members. In cases where an individual believes that illegal activities were involved in influencing a loved one’s estate planning decisions, it may be wise to consult with an attorney who handles will and trust contests, inheritance disputes and other probate litigation matters.

For nearly two decades, the legal experts at have helped Ohio families find resolutions to estate disputes. Our law firm exclusively deals with probate litigation matters, affording us the ability to hone our legal skills and knowledge to best serve the needs of our clients.

In probate disputes related to will contests, we work to investigate and understand factors that may have influenced a loved one’s decision-making process. In some cases, a loved one may have lacked the capacity to make changes to a will or may have been unduly influenced into making such changes. Whatever the case may be, we work to help ensure a loved one’s legacy is respected and preserved.

At , we understand the mental and emotional stress and anguish caused when disputes arise over matters related to a late-loved one’s estate. We are sensitive to and respect the needs of a family to resolve such issues as expeditiously as possible. We also, however, understand the high personal and financial stakes that are often involved in these types of legal matters.

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Feb 10, 2015 | Probate Litigation

Last August, Ohio residents were shocked and saddened to learn of the death of actor and comedian Robin Williams. This sense of loss was only intensified when his death, at the age of 63, was officially ruled a suicide. At the time of his death, Williams was married to his third wife, Susan Schneider, and left behind three children from his two previous marriages.

Since his passing, Williams’ children and wife have likely struggled to cope with his death. With emotions running high, Schneider and Williams’ three children are currently embroiled in a legal dispute related to the provisions of a trust the late-comedian established prior to his death.

Court documents reveal that the trust includes directives that personal items which preceded his third marriage should go to his three children. Documents also detail that his wife’s trust be funded by the home the couple shared and its contents. Lacking specificity, legal action has been taken to determine those items to which each party is entitled.

For example, Williams indicated that his “memorabilia” go to his children. While Schneider contends this term only encompasses items related to the entertainment industry, his children believe otherwise. Additionally, while Williams included his “jewelry” among those items he wished to go to his children, Schneider claims that her late-husband’s watches should be excluded.

It remains to be seen just how far either side will go to retain items that likely bare both great sentimental and financial value. This case, however, proves the importance of specificity when it comes it comes to estate planning and wills and trusts. Ensuring one’s will and trust include direct and explicit details and directives is even more important for individuals who have been married more than once and have children and step-children from multiple marriages.

Source: Investment News, “Feud over Robin Williams’ estate highlights need for specificity in trusts,” Darla Mercado, Feb. 4, 2015

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Jan 28, 2015 | Probate Litigation

Land is a limited resource and one that is often in high-demand. For Ohio farmers, land represents much more than just an opportunity to potentially make money; it represents a way of life that has often been passed down for generations.

Farming, however, is not for everyone and even the children of some life-long farmers may not wish to follow in their parents’ and grandparents’ footsteps. It’s important, therefore, that farm owners take steps to plan for the succession of a family farm and communicate such plans to family members.

Farm land and farming operations come with a high price tag. Unfortunately, for farmers, much of their assumed wealth is often tied up in costs related to equipment, the maintenance of livestock and crops and general operating costs. These are all factors that much be taken into consideration by farm owners when establishing an estate plan.

An estate plan can also address concerns related to ownership and shared equity when parents plan to leave a farming operation to more than one child. Likewise, taking steps to address estate planning matters can help parents ensure for the financial security of heirs regardless of their decisions to continue or stop farming.

The death of a loved one can stir up many emotions and lead to estate disputes between siblings who don’t agree about the future of a family farm. It’s important, therefore, that regardless of one’s plans about the succession or selling of a family farm, that farm owners and their family members take steps to openly communicate their wants, wishes, concerns and plans.

Source: Farmland Information Center, “FARM TRANSFER AND ESTATE PLANNING,” 2015

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Jan 14, 2015 | Probate Litigation

Throughout the course of one’s life, there are bound to be many changes. From marriages and divorces, births and deaths and times of financial fortune and ruin; life is full of highs and lows and an individual would be wise to plan and adjust one’s plan accordingly.

It’s never too early to start taking steps to provide for one’s future, the unexpected and loved ones. An attorney who handles estate planning matters can answer questions, provide advice and ensure an individual makes decisions and changes that align with and help accomplish future goals. There are times, however, when the contents of even the most comprehensive of estate plans will be called into question or disputed in court.

The loss of a loved one is a highly emotional event and one that forces all family members to cope with their own feelings of loss and grief. For some family members who may be surprised or disappointed by the contents of a loved one’s will, feelings of pain and loss may manifest or be redirected.

This is often the case in estate disputes involving siblings as deep-seeded feelings of resentment and jealousy bubble to the surface and may result in a war of words or worse. Parents who plan to leave assets to their children would be wise to carefully consider their estate planning decisions and possible ramifications. Some parents chose to attempt to leave assets of equal value to children while others may disperse assets based upon their children’s financial needs. Whatever the case may be, it’s wise to keep children and other heirs informed of one’s plans and the reasons behind such plans.

In some cases, estate disputes may include a sibling or heir who chooses to take legal action and contest a will or trust. For families dealing with these types of highly emotional and sensitive issues, an attorney who handles probate litigation matters can assist.

Source: Bankrate.com, “How to avoid a family inheritance feud,” Sheryl Nance-Nash, 2015

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Dec 31, 2014 | Probate Litigation

Individuals who make a living by practicing their art often prove to be inspirational examples for future generations. Upon their passing many famous actors, writers, painters, sculptors and singers continue to be an inspiration to the general public and to future artists through the works they leave behind.

Museums around the world boast the works of famous painters and writers, the works of playwrights live on in theaters throughout the world and the songs of many beloved singers continue to be heard on the radio and sung by other artists. For artists who want to ensure the fruits of their labor continue to be enjoyed by the young and old alike, it’s important to plan accordingly.

The late Maurice Sendak is perhaps best known as the author of the beloved children’s book Where the Wild Things Are. During his life, Sendak authored many books and also amassed an impressive collection of rare books. While alive, many of Sendak’s books were displayed at a Philadelphia museum, called the Rosenbach Museum and Library, with which the author had close ties.

Upon his death in 2012, Sendak’s will stipulated that many of his works were to remain on display at the Rosenbach. According to the will, the executors of Sendak’s estate were to “negotiate” terms related to which books and works should remain at the Rosenbach. To date, however, no such negotiations have occurred and more recently the Rosenbach sued the late author’s foundation and its trustees.

Under the terms of Sendak’s will, several volumes of his works and other rare-book collections he owned were to be displayed at the Rosenbach. To date, however, only a small fraction of the late-author’s collection has been turned over to the museum and fears remain that trustees to the Maurice Sendak Foundation plan to auction off many of the invaluable literary gems at an upcoming January auction.

The events that have transpired since Sendak’s death would likely anger and sadden the late-author. This example of an estate dispute serves as a reminder to Ohio residents about the importance of leaving clear and explicit directions in a will. Wills that contain seemingly ambiguous language can be misinterpreted and used to carry out unintended actions.

Source: Philly.com, “Rosenbach sues Sendak Foundation over rare books,” Peter Dobrin, Nov. 11, 2014

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Dec 19, 2014 | Probate Litigation

Many Ohio residents grow up making regular visits to a family vacation home or cabin. Often such a property was purchased by one’s grandparents and then passed down to adult children. While vacation properties like cottages and cabins are often treasured by family members who associate such properties with childhood nostalgia, these types of properties can also be the subject of bitter inheritance disputes among family members.

To avoid potential disputes, individuals who plan to transfer ownership of property to heirs would be wise to consult with an estate planning professional. This is especially important in cases where a family cabin has already been passed down and, as a result, already has multiple owners.

Say for example, an individual’s grandparents purchased a cabin on Lake Erie. Upon their passing, ownership of the cabin automatically transferred to their only child who, upon death transferred ownership to her three children who now co-own the property. While the current ownership arrangement of three grown siblings and their respective families sharing the property has posed some challenges, the three siblings have been able to work things out relatively peaceably.

However, what happens when one of these siblings dies? Does that sibling’s portion of ownership pass to a surviving spouse? What about when all three siblings are gone? How would the nine surviving offspring of these siblings handle ownership costs and privileges? What about if a co-owner marries or divorces?

Many Ohio residents dream of one day owning a vacation cabin and passing it down to future generations. In the case an individual is able to fulfill this dream, it’s important to take steps to account for the transfer of a property’s ownership to one’s heirs. It’s also wise to consider and account for how heirs will cover costs related to taxes, maintenance and repairs.

Ohio residents who are dealing with disputes over the inheritance of a vacation property would be wise to consult with an attorney who can answer questions, provide advice and represent an individual’s best interests in any legal proceedings.

Source: Kiplinger, “How to Pass Down a Vacation Home,” Vickie Elmer, December 2014

Posted in Uncategorized | No Comments »

Protecting against inheritance disputes in the event of marriage or divorce

On Behalf of Zigray Law Office, LLC | Dec 4, 2014 | Probate Litigation

Every grandparent, parent, sibling or child wants his or her loved ones to be happy. However, when it comes to matters related to marriage, remarriage or divorce; a loved one’s spouse or ex-spouse may not be held in the highest esteem.

Many inheritance disputes involve second wives or husbands and divorced spouses. To avoid potential inheritance lawsuits, assets must both be left and retained in specific ways. For example, a parent who gifts a grown child $10,000 each year would be wise to ensure that only the child’s name appears on any related documentation including tax receipts.

Additionally, the recipient of any inherited assets would be wise to take measures to keep such assets separate. Co-mingling inherited assets with those held jointly with a spouse automatically negates an individual’s claim to those assets in a divorce. Instead, inherited assets should be held in a separate bank account. Likewise, if inherited assets are used to purchase a home or car, an individual would be wise to ensure that only his or her name appears on the title.

Individuals who plan to leave assets to a grown child or grandchild would also be wise to take measures to protect those assets in the event of a marriage or divorce. Establishing a trust and naming a loved one as the sole beneficiary is a good way to ensure assets are protected and cannot be accessed by a loved one’s spouse or considered marital property in a divorce.

Individuals who both plan to leave assets and who inherit assets would be wise to meet with an estate planning attorney. An attorney who handles estate planning and probate litigation matters can assist in helping ensure an individual’s assets are protected.

Source: The Wall Street Journal, “How to Keep Your Inheritence in a Divorce,” Neil Parmar, Nov. 9, 2014

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Dec 4, 2014 | Probate Litigation

Every grandparent, parent, sibling or child wants his or her loved ones to be happy. However, when it comes to matters related to marriage, remarriage or divorce; a loved one’s spouse or ex-spouse may not be held in the highest esteem.

Many inheritance disputes involve second wives or husbands and divorced spouses. To avoid potential inheritance lawsuits, assets must both be left and retained in specific ways. For example, a parent who gifts a grown child $10,000 each year would be wise to ensure that only the child’s name appears on any related documentation including tax receipts.

Additionally, the recipient of any inherited assets would be wise to take measures to keep such assets separate. Co-mingling inherited assets with those held jointly with a spouse automatically negates an individual’s claim to those assets in a divorce. Instead, inherited assets should be held in a separate bank account. Likewise, if inherited assets are used to purchase a home or car, an individual would be wise to ensure that only his or her name appears on the title.

Individuals who plan to leave assets to a grown child or grandchild would also be wise to take measures to protect those assets in the event of a marriage or divorce. Establishing a trust and naming a loved one as the sole beneficiary is a good way to ensure assets are protected and cannot be accessed by a loved one’s spouse or considered marital property in a divorce.

Individuals who both plan to leave assets and who inherit assets would be wise to meet with an estate planning attorney. An attorney who handles estate planning and probate litigation matters can assist in helping ensure an individual’s assets are protected.

Source: The Wall Street Journal, “How to Keep Your Inheritence in a Divorce,” Neil Parmar, Nov. 9, 2014

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Nov 21, 2014 | Probate Litigation

Every adult should take the time to establish an estate plan. Having at least a will becomes especially important in cases where an individual becomes a parent or amasses a considerable amount of assets. Upon drafting and executing a will, it’s important that an individual is aware of the value of their assets, the decisions they are making and the intended goals of those decisions.

In cases where a family member believes that a loved one lacked the mental capacity to draft or execute a will or did so while under duress, it may be appropriate to take legal action. It can be challenging to contest a will, but an attorney who handles probate litigation matters can assist.

There are numerous provisions that are required for a will to be considered valid. In will contest cases, a plaintiff must be able to prove that one or more of these provisions was violated. In many will contest cases, a family member asserts that a loved one lacked mental capacity at the time a will was executed. This issue is often raised in cases involving elderly individuals, those with dementia or individuals who were believed to be under the influence of drugs or alcohol.

Additionally, a plaintiff in a will contest case may contend that a vulnerable loved one was coerced into signing a will. Unfortunately, there are those individuals who prey upon the elderly and lonely and a loved one who may be persuaded to agree to terms and sign documents while under the undue influence of another individual.

Each state also has specific language that must be included in a will in order for the will to be deemed valid. Therefore, an individual who moves and establishes residency in another state would be wise to ensure his or her will complies with state laws. Additionally, most states require that at least two individuals, neither of whom stands to profit from the will, witness the signing of the document.

Will contests are often highly emotional and complicated. An attorney who handles probate litigation matters can answer questions, provide legal advice and assist family members in their pursuit to ensure that a loved one’s true wishes are carried out.

Source: FindLaw.com, “Reasons to Challenge a Will,” 2014

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Nov 4, 2014 | Probate Litigation

Many Ohioans likely grew up listening to the Weekly Top 40 weekend radio show that was hosted by Casey Kasem. For years Kasem was a recognizable voice and talent in Hollywood. Sadly, when the famed DJ passed away last summer, his death and memory were largely overshadowed by a bitter family dispute between his second wife Jean and his grown children from his first marriage.

In the later years of his life, Kasem suffered from a rare form of degenerative dementia and required round-the-clock medical care. Last spring, in the middle of the night and against doctor’s orders, his second wife Jean removed him from a nursing home and secretly transported Kasem to Washington state.

As Kasem’s children from his first marriage fought to gain access to and control over managing their father’s health care decisions, his condition deteriorated. A court order was eventually issued to allow Kasem’s removal from life support, he died on June 15, 2014. 

Unfortunately, even with Kasem’s passing the feud between Jean Kasem and his children from his first marriage continues to be waged. While it’s been more than four months since his death, Kasem’s body remains in a Norwegian hospital while his second wife and children continue to battle over where his body should be buried.

The story of Casey Kasem’s final weeks and death is tragic in every sense. His deteriorated mental and physical state made it difficult to impossible for the late DJ to make his wishes known and while his daughter Kerri contends her father verbally expressed his wishes to be buried in a California cemetery, there is no written record to validate this assertion. 

The legal battle between Jean Kasem and Kasem’s grown children also appears to be far from over as changes to his will are suspected to have been made while he was mentally incompetent. Additionally, Jean Kasem has expressed her plans to go “after the trust that Casey had set up for his children.”

Disagreements and rifts between family members are fairly common and, when a death in the family occurs, can result in accusations of ill-intent and wrongdoing. Individuals who believe a loved one was taken advantage of when he or she lacked physical or mental capacity are advised to seek the advice and assistance of an attorney who handles will and trust contests and inheritance disputes.

Source: Forbes, “Why Is Casey Kasem Still Not Buried? Conflict Shows Importance Of Preplanning,” Danielle and Andy Mayoras, Oct. 6, 2014

Posted in Uncategorized | No Comments »