On Behalf of Zigray Law Office, LLC | Oct 24, 2014 | Probate Litigation

A will is often used to ensure that certain assets, personal belongings and property pass to intend loved ones. In most cases, an individual is allowed to amend his or her will to account for changes in familial and personal relationships. In some cases, however, other legal matters may interfere with an individual’s ability to amend a will or trust.

It’s been roughly five years since Leroy Hill, the founder and owner of The Leroy Hill Coffee Co., passed away. Since that time, Hill’s second wife Debbie and three of Hill’s children from his first marriage have been embroiled in a bitter will contest.

Upon divorcing his first wife, Hill agreed leave his children the Leroy Hill Coffee Co. and his sprawling estate. One of Hill’s children retained a copy of the 1983 agreement detailing this plan. 

Subsequent to divorcing his first wife, Hill married an employee with whom he’d been having an affair. Hill then drafted a new will in which he left his company and estate to his second wife Debbie Hill. 

Upon Hill’s death in 2009, three of Hill’s children filed a lawsuit against Debbie Hill asserting the agreement made between their parents in 1983 explicitly stated that they were to inherit their late-father’s company and estate. However, the copy of this agreement was mysteriously missing. In a lawsuit, Hill’s children contended that either their late father or his second wife likely destroyed the document.

Debbie Hill refuted claims that the agreement ever existed and vehemently insisted that, pursuant to her late-husband’s will, she should inherit Hill’s company and estate. Last year, a judge ruled in favor of Hill’s three children regarding the existence and legitimacy of the agreement and a jury awarded the plaintiffs “$7.44 million in damages.”

A judge later ruled that ownership of the company and estate should revert to the plaintiffs. However, upon appeal of the lower court’s decision, Debbie Hill maintained control over and ownership of the coffee company and sprawling estate. 

Just last week, the state’s Supreme Court rejected Debbie Hill’s appeal. Hill’s children are now slated to take over ownership and control of their late father’s company as well as his estate. 

Source: AL.com, “Supreme Court affirms ruling in family feud, clears way for children’s inheritance of coffee empire,” Brendan Kirby, Oct. 17, 2014

AL.com, “Leroy Hill trial: jury awards $7.44 mil in damages to Hill children (updated),” Michael Dumas, Oct. 24, 2013

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On Behalf of Zigray Law Office, LLC | Oct 10, 2014 | Probate Litigation

Cases involving inheritance disputes, will contests and probate litigation are often complex and result in families being torn apart. To avoid these types of legal disputes, an individual would be wise to take steps to ensure that his or her estate plan is complete, updated and valid.

Frequently, family members may contest a will based upon a belief that a loved one had dementia or otherwise lacked mental capacity upon executing the document. In some cases, this may be true and a will contest should be pursued. In other cases, however, an individual may intentionally disinherit certain family members or leave large amounts of assets to others outside the family.

By the time most estate disputes arise, the individual in question has passed and is not able to explain or defend his or her decision. It’s wise, therefore, to take steps to prove the validity and intent of one’s estate planning decisions upon executing or amending a will.

For example, if an individual plans to disinherit a child or close family member, it’s wise to make mention of the disinheritance in a will. Doing so proves that disinheritance was intentional and makes it harder to dispute. Likewise in cases where an individual plans to leave assets to a non-relative or organization, it’s wise to state one’s intent in a will.

Other ways to protect against possible estate disputes after one’s passing include hiring a professional videographer to record the signing of a will or other estate planning documents, ensuring beneficiaries aren’t involved in the drafting or executing of a will and selecting trustworthy and responsible individuals to witness the signing of a will. Additionally, an individual may choose to share the contents of their will and estate planning wishes with family members while still alive.

Source: Huffington Post, “Preventing Common Inheritance Disputes,” Brad Reid, Sept. 23, 2014

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On Behalf of Zigray Law Office, LLC | Sep 25, 2014 | Probate Litigation

In the wake of a loved one’s death, family members often struggle to understand and cope with their devastating loss. In cases where a loved one took steps to account for estate planning matters and executed a will or established one or more trusts, it’s important that those documents are valid and truly reflect a loved one’s wishes.

In some cases, one or more family members may have reason to believe the contents of a will or directives laid out in a trust are invalid and should not be carried out. These types of highly personal and emotional cases require both extensive legal knowledge and a proven record of success in helping family members uncover truths and obtain justice.

For many individuals, the idea that someone could or would take advantage of a loved one is difficult to imagine. This is especially the case when that someone is another family member. When an individual suspects that another family member took advantage of an ailing loved one’s diminished physical or mental state for personal profit, it’s wise to seek the opinion, advice and counsel of an attorney who handles matters related to will and trust contests, inheritance disputes and probate litigation.

Did a loved one suddenly and without notice change a will to include or exclude someone prior to his or her death? Does a will or trust heavily favor one family member over others? Were rightful heirs excluded from a will? Did a loved one make suspicious changes to beneficiary designations? Issues surrounding these types of questions are often incredibly complex and frequently pit family members against one another.

When dealing with these types of highly emotional and provocative issues, it’s important to have a trusted and aggressive advocate on your side. For Ohio residents, the attorneys at the probate litigation law firm of will fight to uncover truths and ensure that a loved one’s wishes are realized, respected and carried out.

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On Behalf of Zigray Law Office, LLC | Sep 11, 2014 | Probate Litigation

Relationships between family members can be complicated and, at times, strained. This is often especially true of relationships between a parent and a child. In some cases, a relationship may be so dysfunctional and broken that a parent and child no longer speak or play a role in each other’s lives.

Familial rifts and those between a child and parent may be caused or exacerbated by a number of things. Perhaps a parent doesn’t agree with a child’s lifestyle or a child has chosen to end a relationship with a parent over past abuse or abandonment issues. Whatever the case may be, some parents choose to take intentional steps to disinherit an estranged child and when this occurs, a child may choose to contest a will or trust.

In probate litigation matters involving will contests brought by estranged children, relationships between siblings, a surviving parent and extended relatives are often irrevocably damaged. What’s more, it’s often the siblings of an estranged son or daughter who bear the brunt of a disinherited child’s anger and hostility.

A parent who is considering drafting or amending an existing will to intentionally disinherit a child would be wise to think long and hard about the possible ramifications of doing so. To spare surviving loved ones the pain and burden of going through probate litigation, a parent may choose instead to do one of the following:

• Leave an estranged child a reduced portion of an estate
• Name the child as a benefactor to a trust with strict stipulations related to asset payout
• Leave assets to grandchildren

There will always be conflict amongst families. In some cases, familial disputes may result in the disinheritance of a son or daughter. In cases where an individual has questions about how to contest a will or trust, it’s wise to contact an attorney who handles probate litigation matters.

Source: Lake County News, “Estate Planning: Dealing with estranged children,” Dennis Fordham, Sep. 6, 2014

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

The estate and fortune of a doctor who devoted his life to helping people feel better about their appearances is currently being disputed in an inheritance lawsuit. At the center of the lawsuit, is the will of the late Dr. Richard Grossman, a famed plastic surgeon renowned for his work with helping burn victims.

The 81-year-old died last spring and was survived by his fourth wife, Elizabeth, and his only two children, Jeffrey and Peter. The lawsuit was filed by Jeffrey and Peter Grossman who accuse Elizabeth Grossman of taking advantage of their father who was believed to suffer from dementia and impaired judgment.

Prior to 2012, Richard Grossman’s will left the vast majority of his multi-million dollar fortunate and estate to his two sons. However, in 2012, Grossman amended his will to omit his children and leave everything to his fourth wife. Grossman’s sons assert their father began exhibiting signs of dementia and memory loss as early as 2010. They believe, therefore, that his fourth wife intentionally took advantage of his diminished mental capacity and used undue influence to coerce their father into amending his will in 2012.

In response, Elizabeth Grossman refutes the claims of her late husband’s sons and contends his acts to omit his sons were his true and intentional wishes. Prior to marrying her husband, Elizabeth Grossman was a successful business woman whose own fortune exceeded that of her now late husband.

Cases involving inheritance disputes and will contests are often highly emotional and contentious. While many individuals who choose to dispute an inheritance or contest a will aren’t millionaires, they have a strong desire to ensure the wishes of a loved one are respected and carried out. 

Source: Thousand Oaks Acorn, “Family feuding over Richard Grossman estate,” Anna Bitong, Aug. 21, 2014

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On Behalf of Zigray Law Office, LLC | Aug 14, 2014 | Probate Litigation

The loss of a loved one is likely to be one of the most difficult times in any individual’s life. This is particularly true in the case of a mother’s or father’s passing. In some cases, grief-stricken sons and daughters must not only struggle to cope with their great loss, but also attempt to make sense of the contents of a parent’s will or trust.

Frequently, probate litigation cases involve highly sensitive and emotional matters. In some cases, family members take opposite stances and relationships between siblings and other relatives are irreparably harmed. Given the high personal stakes involved with probate litigation matters, it’s important to thoroughly examine the facts prior to taking legal action. The attorneys at do just that and work to ensure an individual’s will contest or actions to remove an executor or trustee are based upon sound facts.

Handling probate litigation matters takes a very specialized skill set. It’s important, therefore to seek the advice and counsel of an attorney who has successfully handled numerous cases related to estate disputes and has trial skills and intimate knowledge of how these types of cases play out in court.

No one wants to think about the possibility that a loved one was taken advantage of, much less if the suspected guilty party was a family member. However, when suspicions or evidence of such activity surfaces, it’s important to take steps to protect the interests of other family members and preserve a loved one’s legacy.

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On Behalf of Zigray Law Office, LLC | Jul 30, 2014 | Probate Litigation

A comprehensive estate plan includes a last will and testament and frequently one or more trusts. In addition to drafting the terms of these legal documents, an individual must also be designated to ensure the wishes and provisions provided therein are followed and carried out. When discussing a will, this individual is referred to as an executor. In relation to a trust, the individual tasked with enforcing the terms of the trust is called a trustee.

According to Cornell University Law School, a “fiduciary duty is a legal duty to act solely in another party’s interests.” Both an executor and trustee have a fiduciary duty to act in good faith and carry out the express wishes of the decedent’s will or trust. In some cases, however, individuals who are given this important job fail to meet the requirements of the position.

Proving that an executor or trustee has breached their fiduciary duty is therefore key to any legal action seeking their removal. Personality clashes or a basic dislike of an executor or trustee is not sufficient to enforce their removal, nor is a family member’s or beneficiary’s desire to manage the assets themselves.

Individuals who believe that an executor or trustee has breached their fiduciary duty or somehow acted outside the terms of their responsibilities may take legal action to have an executor or trustee removed.

Legal grounds for seeking the removal of an executor or trustee include:

• Misconduct
• Inability to carry out terms of a will or trust
• Incapacity
• Conflict of interest

Individuals who are interested in learning more about how to remove an executor or trustee would be wise to discuss their specific case with an attorney who handles probate litigation matters.

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On Behalf of Zigray Law Office, LLC | Jul 30, 2014 | Probate Litigation

A comprehensive estate plan includes a last will and testament and frequently one or more trusts. In addition to drafting the terms of these legal documents, an individual must also be designated to ensure the wishes and provisions provided therein are followed and carried out. When discussing a will, this individual is referred to as an executor. In relation to a trust, the individual tasked with enforcing the terms of the trust is called a trustee.

According to Cornell University Law School, a “fiduciary duty is a legal duty to act solely in another party’s interests.” Both an executor and trustee have a fiduciary duty to act in good faith and carry out the express wishes of the decedent’s will or trust. In some cases, however, individuals who are given this important job fail to meet the requirements of the position.

Proving that an executor or trustee has breached their fiduciary duty is therefore key to any legal action seeking their removal. Personality clashes or a basic dislike of an executor or trustee is not sufficient to enforce their removal, nor is a family member’s or beneficiary’s desire to manage the assets themselves.

Individuals who believe that an executor or trustee has breached their fiduciary duty or somehow acted outside the terms of their responsibilities may take legal action to have an executor or trustee removed.

Legal grounds for seeking the removal of an executor or trustee include:

• Misconduct
• Inability to carry out terms of a will or trust
• Incapacity
• Conflict of interest

Individuals who are interested in learning more about how to remove an executor or trustee would be wise to discuss their specific case with an attorney who handles probate litigation matters.

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On Behalf of Zigray Law Office, LLC | Jul 17, 2014 | Probate Litigation

Death is an inevitability that everyone must face. While nothing can necessarily prepare an individual to face their own mortality, having one’s personal and financial matters in order can help set one’s mind at ease.

In some cases, after a loved one’s passing, relatives or close friends may be surprised to learn of the contents of a will. Was a grown child omitted from a will? Were the contents of a previous will dramatically different from a recently amended will? Is an unlikely individual named in a will? In cases where loved ones have concerns regarding the validity of a will, steps may be taken to legally contest a will.

The American Association of Retired Persons provides information related to the legal grounds on which a will may be contested. An individual must be able to provide evidence proving one of the following:

• Lack of capacity – Did a loved one suffer from dementia? Was he or she sick or unable to speak? In cases where a will was drafted or signed when an individual may have lacked the capacity to fully understand the implications of their actions, a will contest may be brought on the grounds of lack of capacity. 
• Undue influence – Was an elderly loved one taken advantage of by an unscrupulous individual? In cases where questions exist related to the true intentions of an individual who stood to benefit from a loved one’s passing, undue influence may be used to contest a will. 
• Fraud – At the time a will was signed, did a loved one know what he or she was signing? If a loved one signed a will they believed to be something else entirely or were not fully aware of the contents of the document, fraud may have been committed.
• Improper execution: Some terms of a will are dictated by state laws. Failure to include state-specific language or abide by certain state-specific rules may invalidate a will. 

Individuals, who believe a loved one’s will may be deemed invalid on the basis of one of the above-mentioned grounds, would be wise to seek legal advice.  

Source: AARP.org, “Where There’s a Will …,” Nancy Mann Jackson, Aug. 17, 2011 

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On Behalf of Zigray Law Office, LLC | Jul 17, 2014 | Probate Litigation

Death is an inevitability that everyone must face. While nothing can necessarily prepare an individual to face their own mortality, having one’s personal and financial matters in order can help set one’s mind at ease.

In some cases, after a loved one’s passing, relatives or close friends may be surprised to learn of the contents of a will. Was a grown child omitted from a will? Were the contents of a previous will dramatically different from a recently amended will? Is an unlikely individual named in a will? In cases where loved ones have concerns regarding the validity of a will, steps may be taken to legally contest a will.

The American Association of Retired Persons provides information related to the legal grounds on which a will may be contested. An individual must be able to provide evidence proving one of the following:

• Lack of capacity – Did a loved one suffer from dementia? Was he or she sick or unable to speak? In cases where a will was drafted or signed when an individual may have lacked the capacity to fully understand the implications of their actions, a will contest may be brought on the grounds of lack of capacity. 
• Undue influence – Was an elderly loved one taken advantage of by an unscrupulous individual? In cases where questions exist related to the true intentions of an individual who stood to benefit from a loved one’s passing, undue influence may be used to contest a will. 
• Fraud – At the time a will was signed, did a loved one know what he or she was signing? If a loved one signed a will they believed to be something else entirely or were not fully aware of the contents of the document, fraud may have been committed.
• Improper execution: Some terms of a will are dictated by state laws. Failure to include state-specific language or abide by certain state-specific rules may invalidate a will. 

Individuals, who believe a loved one’s will may be deemed invalid on the basis of one of the above-mentioned grounds, would be wise to seek legal advice.  

Source: AARP.org, “Where There’s a Will …,” Nancy Mann Jackson, Aug. 17, 2011 

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