On Behalf of Zigray Law Office, LLC | Apr 12, 2023 | Will Contests

Undue influence is one of the grounds for contesting a will. It happens when someone interferes with the free will or judgment of the owner of a will (the testator) through underhand tactics like coercion, excessive persuasion or trickery.

If you believe your loved one was unduly influenced into making decisions against their wishes when creating a will, you may challenge its validity in court. But how can you show that your loved one was a victim of undue influence? Here is what you need to do.

Establish Your Loved One’s Vulnerability

The first step in proving undue influence is establishing that the testator was vulnerable to undue influence. The testator’s vulnerability makes it easier for someone to exert undue influence over them. It can be due to physical or mental illness, emotional distress or other factors that can impair a person’s judgment. 

Demonstrate The Perpetrator’s Ability To Exert Undue Influence

The next step is identifying the person who unduly influenced your loved one and demonstrating their ability to do so. It may have been a caregiver, a family member or a friend who had close relations with the testator. You need to show that the perpetrator had control or domination over your loved one and could have easily used their position of trust to pursue self-interests.

Show how they stood to gain from their actions

You also need to show how the perpetrator stood to benefit by unduly influencing your loved one. For instance, they may have been poised to gain a larger estate share. You could also rely on circumstantial evidence, such as the timing of the changes to the will or the fact that the changes were not in line with your loved one’s known wishes.

It is important to seek help in navigating the legal process and building a strong case if you are considering contesting a will. The proper guidance could significantly increase your chances of a successful outcome and ensure you protect your inheritance.

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On Behalf of Zigray Law Office, LLC | Apr 1, 2023 | Will Contests

Many estate disputes and will contests happen simply because assets are not divided equally. Heirs expected that they would all get similar inheritances from their parents. When it turns out that someone gets far less than someone else, a dispute may occur because they think that it’s the result of undue influence, a fraudulent will or simply a mistake.

One way in which this could happen is with life insurance. For instance, say that the will says that a person’s assets are all supposed to be divided evenly between that person’s heirs. However, the life insurance company only pays out the entire policy to one individual. Does that policy need to be split up evenly, and could this be grounds for a dispute?

It Depends On The Beneficiary Designation

A key thing to remember here is that the will itself doesn’t actually matter. Unless the life insurance policy is paying out directly into that person‘s estate, it is not governed by the will. Instead, it is governed by the beneficiary designation. The life insurance provider is simply going to pay the person who was named as a beneficiary when that policy was set up.

What may have happened is that the person who purchased the policy only listed one beneficiary at that time. They never went back and updated the designation, even though they wrote a will saying that everything should be divided evenly. But there is no way to dispute this as long as the designation has been adhered to properly by the life insurance company. Even if the will gives contradictory instructions, they are not legally binding.

This can certainly create a complicated situation, so all involved need to know about their legal options.

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On Behalf of Zigray Law Office, LLC | Mar 28, 2023 | Trust Contests

There are many reasons why it’s a good idea to set up a trust as part of your estate planning process. For most people, it can result in great benefits which include avoiding having to navigate probate and making sure your beneficiaries receive what you intended for them with a relatively low risk that your wishes will be challenged after you’re gone.

As a person makes a trust during their lifetime, it’s intentionally supposed to be relatively difficult for another person to challenge the validity of that trust after that individual has passed away.

Trusts Usually Serve As A Clear Indicator Of Someone’s Wishes

The purpose of setting up a living trust during your lifetime is that you can make important decisions concerning who should take over your possessions, property and even your business ventures after you die or become incapacitated

Certain kinds of trusts can often be in place for many years and the person to whom it relates may administer it throughout their lifetime. It’s also likely that a trust may go through amendments at certain points when the personal situation of the creator changes.

As a result, it is expected that the individual preparing this trust does so of their own free will. It’s much more difficult with a trust than it is with a will to argue that it was made under duress or wasn’t executed in accordance with that person’s wishes. This is the main reason why it is so difficult to contest the validity of a trust.

Understanding your legal rights is important if you’re considering contesting a trust. Finding out more about the process of probate litigation can help you to decide on the appropriate course of action for your unique circumstances.

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On Behalf of Zigray Law Office, LLC | Mar 6, 2023 | Will Contests

Contesting a will is necessary if you believe the given one does not reflect your loved one’s true intentions. However, you should be informed to make the right moves. Mistakes can affect your chances of fighting for your loved one.

The following are three mistakes to avoid when contesting a will:

Having no grounds

You can’t contest a will without a valid reason. The success of your case is based on its grounds. Common grounds for contesting a will are undue influence, last-minute changes, changes made when the testator was suffering from an illness like Alzheimer’s disease, the will was created when the testator was mentally incapable, one child or a spouse has inherited everything and so on.

Delaying to act

If you have grounds for contesting a will, you should act on time. Let the court know earlier that you want to challenge the will before allowing the executor to assume their duties. Additionally, in Ohio, you have three months to contest a will. Thus, the longer you wait to act, the court may allow the executor to distribute assets, or you may run out of time.

Further, filing your case earlier gives you enough time to gather needed evidence to prove your grounds for the contest.

Negotiating with the executor

Upon learning of the contest, the executor may contact you, especially when they are a primary party in your grounds for the contest. They may try negotiating with you and offer an incentive to drop the claim. While this is tempting, it’s unfair to the testator and other beneficiaries. Besides, it can get you into legal trouble.

These mistakes can affect your will contest case. You should get professional guidance to make the right moves, protecting your loved one’s wishes. 

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On Behalf of Zigray Law Office, LLC | Feb 22, 2023 | Probate Litigation

The executor of an estate either takes that role on because a deceased person named them specifically to serve in this way or because the probate courts empowered them. In either situation, an executor has an obligation to the estate and the people who would benefit from it.

An executor should put the needs of beneficiaries above their own wishes and should act to maximize the value of the estate. They must manage estate assets while following through on the instructions left by the testator when they died.

Unfortunately, not everyone who serves as an executor will fulfill their duties. Some will fail to take important steps, which will eventually harm the beneficiaries of the estate. Others may engage in intentional misconduct, such as embezzlement from the estate. What can you do if an executor has diminished your inheritance?

You can remove them from their role

The Ohio probate courts can name an executor or approve the choice made by a testator, but they can also strip someone of that authority. If an executor has failed to take crucial actions or has engaged in embezzlement or similar acts of misconduct, the beneficiaries of the estate could challenge their choices and request that the courts remove them.

In some cases, having a new executor take over the role will be an adequate response. Other times, their embezzlement or errors may require additional action.

Misconduct can lead to liability

Although executors cannot typically benefit from an estate and also are not responsible for losses incurred by the estate, there is an exception to that specific probate law. When an executor causes losses through gross mismanagement of estate resources or obvious misconduct like embezzlement, the beneficiaries of the estate could hold them responsible for the assets that they did not receive as anticipated.

Ideally, beneficiaries will recognize warning signs of misconduct or incompetence early and will be able to ask the courts to prevent the inappropriate distribution or sale of estate assets or remove the executor before they do too much harm.

Learning more about the reasons that you could challenge or remove an executor from their role can help you protect your inheritance and the intentions of your loved one who died.

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On Behalf of Zigray Law Office, LLC | Feb 21, 2023 | Will Contests

A will is one of the most important legal documents you can ever create. A will lets you stipulate your wishes regarding what will happen to your estate when you die. And if you have minor children, a will also lets you designate a legal guardian for them. 

However, you must have a testamentary capacity to create a valid will. Without this, your will can be contested and invalidated. Basically, this means that you must have the mental ability to understand what you are doing and how this will impact your estate and potential heirs. 

So how is a lack of testamentary capacity determined?

Your will can be contested and invalidated on grounds that you lacked the testamentary capacity at the time of signing the document. To satisfy this claim, however, the party contesting your will must prove the following:

• You did not understand the act of creating a will and its effects
• You did not understand the nature and extent of the assets you were disposing of through your will
• You were suffering from a disorder that impacted your judgement and ability to make independent decisions

Protecting your will from contests

Will disputes cost time and money. Additionally, will disputes can leave a lasting rift amongst your loved ones. This explains why you should consider protecting your will from disputes. 

Here are two steps you can take to prevent interested parties from contesting your will on grounds of testamentary incapacity. 

Obtain a health report from a healthcare practitioner – If you suspect that someone is going to dispute your will on the basis that you lacked the testamentary capacity while signing the document, then you might approach a qualified medical practitioner to write a report to confirm that you were of sound mind at the time of creating your will.

Keep a comprehensive record of your wishes – concerns about your testamentary capacity will gain prominence if there are ambiguities in your will. You can avoid this by ensuring that your will is as detailed and comprehensive as possible. 

A will speaks for you when you are no longer around to speak for yourself. Find out how you can safeguard your will from costly disputes.

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On Behalf of Zigray Law Office, LLC | Feb 5, 2023 | Probate Litigation

One problem that sometimes comes up with probate and estate distribution is that some of the items mentioned in the will are missing. This could be because they have been removed from the home before the assets were distributed, but after the parents passed away.

For example, maybe your parents passed away while you were living in a different state. You can’t find some of the assets that were left to you, and you suspect that other beneficiaries, who still lived in the same town as your parents, may have removed them from the house. Besides the obvious motives, such as trying to cut you out of the will or take assets that they want, why would someone do this?

They are doing all the work

One reason that people sometimes give is that they feel like they are doing all of the work. Maybe they were caring for your parents as they grew older. Maybe that person is the estate administrator, so they have a lot of details to sort out. They assume– incorrectly, of course – that the fact that they had to put in this effort means they can take anything they want from the home.

Speaking of the estate executor, people will sometimes overestimate the power that this position gives them. They may think that they get to make decisions about who gets which assets. But they do not. Their job is simply to follow the estate plan and distribute the assets as was already noted in the will.

When things get complicated, it’s quite important to know what legal steps you can take so that you can make sure your actions are within the bounds of the law and protect your interests.

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

If your loved one died and left a will in which you are named, a legal process may follow. The probate process can be complex, but you can understand it with guidance, avoiding costly mistakes.

Once the appointed executor files the will with the probate court, you will be notified. Here is what you should do next.

Go through the copy of the will

The executor should send you a copy of the will if you are an heir, a beneficiary or any other named party. Read the will carefully to spot any mistakes. You may also contact them to clarify some of the clauses.

File a complaint with the probate court

If you believe the will has a mistake, perhaps the share you received is not what you were promised, or you disagree with the appointment of the executor, you need to file a complaint with the probate court. Other grounds include if the testator was not of sound mind when creating the will, improper execution of the will and the use of undue influence on the testator.

You need to have the necessary evidence to support your claims. For instance, if last-minute changes were made because of undue influence, finding the original will or proof of coercion may be helpful. If the testator was not of sound mind, evidence that indicates so, such as medical records, may strengthen your case.

Further, consider crucial time frames like the period that you can contest a will in Ohio after the notice of admission of the will to probate. This ensures you develop a timely plan for gathering evidence without losing your right to contest the will.

Taking calculated steps after a will goes to probate is vital. It will be best to learn more about probate litigation to protect your rights.   

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On Behalf of Zigray Law Office, LLC | Jan 9, 2023 | Will Contests

Estate planning, for most people, is both a personal and morbid subject. As such, it is not uncommon for parents to shy away from discussing their estate plans with their children or intended beneficiaries. 

The decision to discuss your estate plan with your family is entirely up to you. That said, there are a number of reasons why you might want to have this discussion. For instance, clarifying how you have distributed your estate to your children can go a long way in preventing potential will disputes. 

You do not have to talk about your will to anyone

To be clear, no law requires you to discuss your estate plan with anyone. So what should you discuss when talking to your heirs about your estate plan?

Certainly, your goals and hopes for the future ought to form the basis for this conversation. Additionally, your conversation should include the existence as well as the location of your estate planning documents. The contact information for those mentioned in your estate planning documents like witnesses as well as trustees is equally important. 

That said, it is important to keep in mind that besides the will, a basic estate plan also includes other documents like a trust as well as healthcare and durable power of attorneys. Estate planning tools like powers of attorney may come into use before your demise. 

For instance, if you have a degenerative condition like dementia, your durable power of attorney may need to step in and make financial decisions on your behalf. 

Transparency is crucial

When each beneficiary knows what is in the will for them, they will be better prepared to handle any emotional and legal issues that may arise. This may prevent inheritance conflicts that may arise upon your death. 

A conversation around death and wealth is never easy. Unfortunately, they are inevitable. Discussing your hopes with your loved ones can help prevent costly estate plan disputes when you are no longer around to clarify your desires.

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On Behalf of Zigray Law Office, LLC | Jan 9, 2023 | Probate Litigation

The named executor of a will is responsible for carrying out the wishes of the deceased and managing their estate. However, there may be instances where the executor doesn’t fulfill their duties properly, leading the beneficiaries to consider taking legal action. 

Here are situations where it may be appropriate to sue an executor:

1. Mismanagement of assets

It is the executor’s responsibility to manage the assets of the estate soberly. However, if the executor is found to be mismanaging assets or using them for their own benefit, you may consider taking legal action to get them removed as executor.

2. Failure to distribute assets

When an executor is named in a will, it is their responsibility to distribute the estate’s assets according to the will’s terms. This may include distributing money, property and other assets to the beneficiaries named in the estate planning documents. However, you may consider taking legal action if the executor goes against the terms of the will.  

3. Conflict of interest 

An executor must act in the best interests of the beneficiaries and the estate. If the executor is a beneficiary or places their personal interests above those of other beneficiaries, then you can sue them. 

4. Fraud or wrongdoing

If the executor is found to be committing fraud or engaging in other illegal activities, beneficiaries may consider taking legal action.

If you are a beneficiary and believe that the executor of an estate is not fulfilling their duties properly, you need to take legal action against them. This means filing a lawsuit in probate court. The court will then review the case and decide on the matter. 

Don’t let an irresponsible executor get away with mismanaging an estate or acting against your interests as a beneficiary. You can hold an executor accountable and ensure that the wishes of the deceased are carried out properly. 

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