On Behalf of Zigray Law Office, LLC | Aug 7, 2023 | Guardianships

When our loved ones become incapable of caring for themselves, whether because of old age, mental impairment or physical disability, among other reasons, we want to ensure that they are receiving the care and protection they need. One of the ways to secure their safety is to place them under guardianship.

Unfortunately, some guardians take advantage of their wards’ vulnerability. If this happens, acting fast and removing loved ones from the abusive guardian’s charge is essential.

Suspecting financial and physical elder abuse

Putting an individual under guardianship includes surrendering control to the guardian to make decisions about the ward’s medical care, finances and other decisions relevant to the ward’s overall well-being. Sadly, some guardians use their authority and the ward’s vulnerability to misuse assets for their own benefit. Signs of financial abuse include unusual fund or property transfers, unpaid bills and services or other unexplained activity that poses a risk to the ward and their assets.

Other signs of elder abuse can manifest in obvious and subtle signs of physical mistreatment. Signs like malnutrition and dehydration, isolation and changes in behavior can point to the guardian’s failure to perform their duty to care for the ward.

What can you do?

If you have suspicions that your ward’s guardian is misappropriating the financial assets or physically abusing your loved one, your initial step should be to report the abuse to the appropriate protective services or law enforcement agency.

Subsequently, you can ask the court to remove the guardian and appoint a new one who is trustworthy. However, the court does not automatically enforce the removal and new appointment. The court will hear the case to determine whether the guardian is unfit for the position and whether it is in the ward’s best interest to have a new guardian. Hence, providing relevant proof and information about the abuse can help the court decide.

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On Behalf of Zigray Law Office, LLC | Jul 12, 2023 | Uncategorized

When your loved one’s will goes to probate, the executor will be responsible for most of the procedures. Accordingly, they should communicate effectively to keep interested parties (beneficiaries, creditors and so on) updated on major matters. If they fail to do so, problems may arise.  

Here is what to do when an executor fails to communicate:

Contact them

If an executor is not keeping you reasonably informed, you and other interested parties should contact them. You can send a collective email or letter requesting them to provide adequate information about the estate’s administration.

At times, what you consider reasonable information may differ from the executor’s belief – they may be uncertain about what to share and what not to. Accordingly, they may fail to provide you with a piece of information, thinking it’s insignificant. Communicating with them can help them know the matters they should discuss in-depth. 

Go to court

If the executor refuses to provide you with information about the probate process despite requesting them, it may help to go to court. The probate court may ask them to fulfill their duties. 

Remove them

If an executor fails to fulfill their duty to communicate even after being asked by the court, you can file a petition to remove them. The court will consider different factors before deciding to remove them. And when they do, they will choose an appropriate party to administer the estate.

Why should executors communicate?

When an executor fails to communicate, beneficiaries can believe they are committing fraud. And this fear of misconduct can increase when they don’t get answers. This can lead to disputes, which can delay the distribution of inheritance.

If an executor refuses to communicate, it will help to get legal guidance sooner to make informed decisions.  

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On Behalf of Zigray Law Office, LLC | Jun 29, 2023 | Trust Contests

Trustees hold enormous power over your financial future. If they make wise decisions, it can ease your financial future. If they make poor ones, you could see your inheritance withered away to nothing before you know it.

If you keep an eye on the decisions they make, you may notice things you are unhappy about. Does this mean you can seek to have the trustee removed? You may be able to if one of the following is true:

They are unable to do the job

This would typically refer to a trustee having a medical condition that prevents them from fulfilling their role effectively. For example, they suffered brain damage in an accident and now lack the ability to reason which got them the role in the first place.

It might also come into play if one of them no longer has the time to dedicate to the role. Perhaps they have become too busy, or have moved to another country with less facility to carry out the tasks they must do.

They cannot work with the other trustee(s)

Some people choose multiple trustees. It can offer security, as they provide an automatic check on each other’s decisions. Yet, sometimes two or more trustees disagree so much that they cannot actually make the decisions needed. In this case, you may look to replace one, or all of them.

They have breached their fiduciary duty 

Perhaps you suspect a trustee has ulterior motives for their decisions, such as turning a profit for themselves or a friend. Clearly this is unacceptable.

Removing a trustee can be challenging, so consider legal help to examine your options and chances of success more closely.

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On Behalf of Zigray Law Office, LLC | Jun 19, 2023 | Probate Litigation

The executor or individual taxed with estate administration has a lot of responsibilities. They have to attend court, file paperwork, communicate with creditors and manage estate resources. Their responsibilities may take more than a year to complete after someone dies, and they may commit many hours of effort for multiple successive months to complete the probate process.

Most individuals who accept an executor role will do their best to uphold someone’s last wishes and fulfill their final obligations. However, there are some people who will misuse their position of authority for personal gain. Family members may eventually come to suspect that an executor has embezzled from an estate, which is against Ohio law and may warrant their removal from the position. These are some of the most common warning signs of embezzlement of estate resources.

Missing Physical Property

Especially when the beneficiaries of an estate frequently visited someone’s home and had a close relationship with them, they will typically know what physical assets someone had in their possession when they died. When particularly valuable property, like works of fine art, certificates of deposit or jewelry go missing, family members may have reason to suspect that the executor is the one who has taken those assets or at least failed to secure them so that others would not steal them from the estate.

Gaps In Financial Records

There should be documentation of every transfer made and bill paid on behalf of the estate. Cash withdrawals from bank accounts and other questionable transactions, especially when the executor or someone close to them was the recipient of the funds, could be a warning sign that someone has abused their position of estate authority with the intention of enriching themselves. There should be receipts and records for all distributions and payments using estate assets.

Those who handle estate administration have a responsibility to the beneficiaries of the estate to act in their best interests and to maximize the value of the estate assets whenever possible. Misconduct like embezzlement and overt incompetence that leads to a significantly diminished estate could both be reasons for beneficiaries to initiate litigation against an executor. Reviewing estate records can help people identify warning signs that an executor may have embezzled and should therefore be removed from their position.

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On Behalf of Zigray Law Office, LLC | Jun 15, 2023 | Will Contests

When a will is drafted, the person responsible for it expects his or her wishes to be fulfilled. However, a legal heir or beneficiary with a financial interest in the will may contest it if there is a valid reason for doing so.

For example, Ohio law has strict requirements on what makes a will valid or not, and a will that doesn’t conform to those standards can be contested. 

3 Examples Of Good Reasons To Contest A Will

A person should not contest a will simply because he or she disagrees with it. Instead, there must be a valid reason for doing so such as the following:

1. Undue Influence

When a testator (the person who has made the will) is put under extreme pressure for financial gain through the terms of the will, there is undue influence. 

2. Fraud

Fraud (or suspicion of fraud) is one of the principles reasons people choose to contest a will. For example, someone may fraudulently lead the testator to sign a will when he or she thought they were signing another document altogether.

3. Lack Of Mental Capacity

The testator must possess the mental capacity to understand the terms of the will being signed. Otherwise, this may invalidate the will altogether.

Other reasons to contest a will can include legal mistakes, forgery, or revocation of the will when a new one is executed. Furthermore, a will must meet the state’s legal requirements to be valid. For example, in Ohio, wills must be in writing with the exception of oral wills. There must also be at least two competent witnesses who can attest to the validity of the will.

It is important to be well-informed when considering whether to contest a will or not. It also makes good sense to get legal help to make the right decision.

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On Behalf of Zigray Law Office, LLC | Jun 4, 2023 | Will Contests

In the unfortunate event of a person’s death, questions regarding inheritance and the rights of family members often arise. One common concern is whether the deceased’s second family is entitled to any inheritance. This is where effective estate planning comes in; it’s instrumental in determining how a person’s assets will be distributed upon their death. 

Estate planning involves creating a legally binding document, such as a will, that outlines the deceased’s wishes regarding their estate. It allows individuals to specify who should inherit their assets, including their second family. Proper estate planning can help prevent disputes and provide clear guidelines for property division, minimizing potential conflicts between family members.

The Second Family Can Inherit If The Deceased Included Them In The Will

A will is crucial when determining the distribution of a deceased individual’s assets. It outlines their wishes and designates beneficiaries who will inherit specific estate portions.

Suppose the deceased had a second family and included them in the will. In that case, they would be entitled to their designated share of the inheritance. However, the situation becomes more complex if the will does not mention the second family or is invalid.

Intestate Laws Give The Second Family Leeway 

In the absence of a valid will, the distribution of assets is governed by intestate succession laws. According to Ohio’s intestate law, all legal spouses and biological or legally adopted children are given priority in inheritance claims. 

On top of that, suppose the surviving spouse is the natural or adoptive parent of the deceased. In that case, they’re entitled to the first $20,000 plus a third of the estate balance. In addition, the deceased surviving spouse and children are also entitled to a $40,000 allowance deducted from the estate before inheritance allocation. 

“What if there’s no mention of the second family in the will?” you may ask. Well, in that case, the surviving spouse can elect against the will and receive their inheritance according to Ohio’s elective share statute. Essentially, the deceased is treated as having died without a will, in which case, the intestate laws apply. 

Due to the complexity of inheritance laws and the potential conflicts that may arise, it is crucial for families to seek legal advice when distributing the deceased’s assets. By carefully considering various legal factors, you can help ensure the process is smooth and peaceful. 

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On Behalf of Zigray Law Office, LLC | May 22, 2023 | Will Contests

Have you ever wondered what happens when multiple wills are involved after someone dies? It can be a complicated and confusing situation, especially for those left to sort out the deceased’s affairs. 

A will should outline a person’s wishes for the distribution of their assets, property and other belongings. This means that more than one will can create a legal conundrum, especially when the two documents have contradictory directives. If this is your family’s current predicament, this article will provide much-needed enlightenment to navigate this situation. 

What Are The Legal Implications Of Multiple Wills?

Multiple wills can arise due to various reasons, such as a change in circumstances, a desire to update or revoke an existing will or a lack of clarity around the distribution of assets. When there are multiple wills involved, it can create a complex and confusing situation for the executor of the estate and the beneficiaries. 

First off, the validity of each will may become questionable until the one true document is identified. A will may be invalid if it was created under duress or coercion or if the person lacked the mental capacity to make decisions when creating the will. 

Beneficiaries may contest the validity of either will, particularly if they feel they have been excluded or treated unfairly. It’s important to note that contesting a will can lead to lengthy legal proceedings and may be emotionally and financially draining.

While multiple wills complicate estate distribution, it’s not an impossible situation. If you are in this dilemma, you should stay calm and focus on your role as an executor. As legal concerns arise, it’s crucial to establish a strategic approach that won’t break the family unit. 

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On Behalf of Zigray Law Office, LLC | May 18, 2023 | Probate Litigation

Being cautious on social media during a probate dispute is essential to protect your interests and to maintain the integrity of the legal process. 

There is no question that it can be almost unreasonably difficult to put down your “screens” entirely. But if you can – at minimum – be thoughtful in the ways in which you approach social media until the probate dispute that you’re involved in is resolved, you’ll potentially benefit from that effort in more ways than one. 

Preserving Your Interests And The Integrity Of The Process

These are just a few of the reasons why being thoughtful on social media at this time is so important:

• Potential Evidence: Social media posts and interactions can serve as potential evidence in a probate dispute. Anything you share or post on social media platforms may be accessed, collected and scrutinized by opposing parties or their legal representatives. Even innocent or seemingly unrelated content can be used to challenge your credibility, question your intentions or undermine your claims.
• Maintaining Confidentiality: Probate disputes often involve sensitive personal and financial matters. Sharing details about the dispute, assets or beneficiaries on social media can breach the confidentiality of the case and jeopardize the privacy of those involved. 
• Avoiding Prejudice or Bias: Social media platforms allow for the quick dissemination of information and opinions. Sharing your perspective or venting frustrations about the probate dispute can potentially create a biased or unfavorable public perception. This can impact the fairness of the legal proceedings and potentially harm your credibility in the eyes of the court or other interested parties.
• Mitigating Conflict and Contentiousness: Engaging in heated discussions or confrontations on social media can further escalate conflicts and damage relationships. It’s important to maintain a respectful and professional demeanor online to avoid exacerbating tensions and potentially jeopardizing the chances of reaching a favorable resolution.

If you are unsure of what it means to exercise caution in this way, that’s okay. Consider seeking legal guidance to benefit from some specific guidelines on social media usage during the probate process in order to better ensure that you navigate this sensitive process appropriately.

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On Behalf of Zigray Law Office, LLC | Apr 25, 2023 | Probate Litigation

When considering estate disputes, people sometimes think only about “big ticket” items. They think about how it may be controversial to divide up a life insurance policy, to sell the family home or to split up the remaining retirement funds.

These things certainly can cause disputes, but it is important to remember that sentimental items also cause disputes. In some cases, these disputes can be more likely than they would be over more expensive items – and harder to solve.

Why Are They Difficult To Resolve?

The problem with disputes over sentimental items is that one of the main tactics for dispute resolution has been lost. You cannot sell the items.

First and foremost, selling the items and dividing the earnings would not actually give the heirs what they wanted. If their connection is sentimental and emotional, they don’t just want the financial value of a piece of artwork, a book collection or something else of this nature. They actually want to own that specific item.

The other problem is that items that are at the center of sentimental disputes may not even have that much financial value to begin with. The heirs are disputing who should get that item because of the memories they have from growing up, their memories of their parents and the emotional connection that they have. The item itself may be worth virtually nothing at all.

Because these disputes can get to be so complicated and heated, it’s very important for all involved to know exactly what options they have. There are solutions, even when they are sometimes difficult to find.

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On Behalf of Zigray Law Office, LLC | Apr 20, 2023 | Will Contests

Spouses are often the main focus in someone’s estate plan, other than their young children. If people die without wills, spouses have very strong rights according to intestate succession laws. Many testators who draft wills and trusts intentionally include terms for the comfort and support of their spouses after they die.

However, not everyone has a compassionate and loving approach to estate planning. Some people lose a spouse after decades of marriage and then discover that they won’t inherit anything of value from the estate. New widows and widowers may panic, worrying that they won’t be able to support themselves when their spouse dies and leaves them nothing. Thankfully, under Ohio state law, surviving spouses have the right to request an elective share of their former spouse’s estate.

Spousal Disinheritance Isn’t Usually Possible

Although people can and do include all kinds of unusual terms in their estate plans, not every clause in someone’s will holds up under scrutiny and probate court. An estate plan that denies a spouse a reasonable share of an estate will very likely be subject to challenge in probate court.

Surviving spouses who do not receive a sizable portion of their deceased spouse’s estate can ask for their elective share in probate court. Generally, a spouse can receive up to half of the estate. If there are more than two children to inherit from the estate, the elective share of the surviving spouse decreases to a third of the overall estate. They may also have a right to a claim of support of up to $40,000, though someone may have to share that with surviving dependent children. There are even special rules for protecting the residency of a spousal in a home after the owner dies.

Carelessness And Pettiness Can Detract From Someone’s Legacy

There is a saying that one should never attribute to maliciousness what could be the fault of carelessness, and that is certainly true when it comes to questionable planning. There are those who write a loved one out of their will in a malicious attempt to get revenge posthumously, but often people fail to think about what their spouse will need when they die or they don’t recognize what property might be only in their name.

Regardless of whether someone forgets to include their spouse in certain estate planning documents or intentionally leaves them out, their plans for their legacy may end up disrupted by an estate challenge. Spouses omitted from a will or estate plan may need to contest the documents in court and request their elective share of the estate.

Learning more about will contests and the rights of specific family members by speaking with a legal professional can benefit those who are concerned about the content of a particular Ohio estate plan.

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