On Behalf of Zigray Law Office, LLC | Dec 15, 2022 | Probate Litigation

The executor or personal representative of an estate should remain neutral in their attempts to fulfill someone’s obligations and uphold their final wishes. Estate administration requires that the executor locate the estate plan or will and submit those testamentary documents to the courts.

They must then distribute the property from someone’s estate in accordance with the instructions provided by the testator and state law. Unfortunately, some individuals entrusted with estate administration will allow their personal preferences to color how they perform their role.

How might an executor let their relationships with others improperly influence estate administration?

They may violate the terms of the will

The most extreme examples of improper estate administration would involve an executor knowingly deviating from the instructions provided in the will or trust not due to a court order but because of their personal wishes.

For example, if the testator left certain property to specific family members, the executor might claim they couldn’t locate those assets and allow someone else to retain them. Such actions, when provable, could lead to the courts reversing those decisions or even removing the executor from their position.

They may take too many liberties

Sometimes, executors make oversights when planning their estate. One of the most common is the failure to include a residuary clause addressing their personal property. Any assets that you do not specifically designate to particular beneficiaries will become the residuary estate.

There can be a lot of conflict related to those assets if a testator doesn’t explain what to do with them. The most common solution in this scenario might involve the executor giving everyone a specific share of those remaining assets or selling them and splitting the proceeds among the estate’s beneficiaries.

In a situation where an executor lets their personal preferences determine their actions, they might retain those assets for themselves or give them to another person. If an executor violates their fiduciary duty to you as an estate beneficiary or otherwise engages in verifiable misconduct, you may need to take them to court.

Initiating probate litigation can help you prevent certain estate transactions or remove an executor misusing their authority.

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Dec 13, 2022 | Will Contests

Losing a loved one is painful, but the process can become more difficult when you realize you are not part of the will or you believe the given will does not reflect your loved one’s real intentions. In that case, you have the option to contest it.  

To do so, you need to get in-depth information about contesting a will. And one of the factors to consider is whether you can contest it. Here are parties that can challenge a will:

Spouses and children of the testator

A spouse and children of a deceased person have grounds to contest a will since they are legal heirs. If you fall in this category, but the will seems invalid and its approval will disadvantage you, it can help to challenge it.

Others who could expect to inherit

Even if you are not a legal heir of the deceased but were part of the will and have been omitted, you can also contest it. Other grounds are if you believe the given share is smaller than what you deserve or were promised. Anyone mentioned in a current or prior will other than the testator’s spouse and children falls in this category.

After establishing you have the grounds to contest a will, you can use different strategies to challenge its validity, protecting your rights. These include confirming that the decedent was not of sound mind when drafting the will, an undue influence was at play, or a legal procedure was not followed to validate the will.

You will need to gather the needed evidence to support your claim. Note that you have three months to contest a will in Ohio after receiving the initial notice that it has been admitted to probate. Further, ensure that you are well-organized and knowledgeable to make the right calls.  

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Nov 25, 2022 | Will Contests

You’re surprised when you find out that you’ve been disinherited. Your parents have passed away, and the estate administrator reads the will. You’re not mentioned anywhere, and the assets are given to other heirs and beneficiaries. The administrator tells you that you’ve been disinherited and you’re not going to get anything.

Technically, you did know that being disinherited was an option. But you’re not sure if this is what it should look like. Maybe you expected your parents to use a trust or a disinheritance clause, or maybe you just thought they would talk to you about it in advance.

What you start wondering is if you were disinherited by accident. Is this possible?

Estate planning mistakes do happen

This is something that may be worth considering, as estate planning mistakes happen from time to time, and they may not be rectified. One example is if parents make an estate plan when they only have one young child, but then they have another child and they neglect to update the plan. You may not have been named in the will, but that doesn’t necessarily mean that your parents didn’t want to leave you anything. They could’ve just forgotten to include it.

There are also other potential options, such as undue influence being used on your parents by the other heirs. The evidence of this could be if you were included in a previous version of the will, for instance, but then you were mysteriously removed and no explanation was given.

What can you do?

If you find yourself in this position, it may start an estate dispute, and it’s very important that you understand all of the legal options at your disposal.

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Nov 16, 2022 | Probate Litigation

Your elderly relative has always been caring and compassionate. They’ve provided help for you and other family members whenever it has been needed, and they intend to do the same when they pass. 

An estate plan allows your loved one to do exactly this, through a will, trusts and other estate planning instruments. Sadly, some people see your relative as a soft touch. They’ve mistaken the kindness on offer as gullibility. They are intent on getting their share of the inheritance, which means you will ultimately lose out. 

When a person attaches themself to someone with the sole purpose of benefiting from an estate plan, this is often referred to as inheritance theft. Outlined below are a few examples of how this can manifest itself. 

A fraudulent marriage 

Initially, you were happy when your elderly family member said they had found a new companion. You never thought they would find true love again. Sadly, when you look more closely at the relationship, it becomes evident that your relative’s new romantic partner is out to take advantage. They’ve pushed through a rushed marriage in order to get part of the estate. 

Abusing estate planning positions 

In their estate plan, your family member will have to nominate certain individuals to carry out different tasks. A financial power of attorney is responsible for making decisions not for their own benefit, but for the benefit of beneficiaries. Occasionally, people placed in such a position can abuse their powers and transfer money and other assets for their own profit. 

If you suspect foul play in the estate planning process, then you can make a challenge. It’s advisable to seek some legal guidance before taking your next steps. 

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Oct 28, 2022 | Will Contests

The time after a family member has passed away is very upsetting. On top of dealing with grief, you may have to play a role in handling their estate plan. 

Over the years, you developed a strong sense of the final wishes of your loved one. This is because you discussed it fairly regularly. Unfortunately, you’ve viewed the contents of their most recent will and it does not reflect those wishes at all. 

How could this have happened and do you have a right to contest the will? 

Were they manipulated into making changes? 

The strangest part of all of this is that the will was updated soon before they passed away. This has caught you off guard because you were aware of a will that was drafted earlier in the year and it was in accordance with the final wishes of the individual. They’ve reduced your inheritance and instead allocated the bulk share to a carer who was not included in the previous version of the will. 

Why were such drastic changes made? Is it possible that they were manipulated by the carer? If they were not, then the will might stand. However, if evidence of manipulation becomes apparent then this would be undue influence, which is a valid reason to contest a will. 

Were the changes understood? 

Undue influence may not have been present, but there are still other legitimate reasons to contest a will. Your family member was advanced in age and suffering from dementia. Changes were still made to the will very recently though. There is no way they could have fully comprehended these adjustments and doctors can confirm this. In Ohio, testators must have the mental capacity required to fully understand the terms of their estate planning documents before making any changes. 

Contesting a will is a major decision that should not be taken lightly. Make sure you have sought legal guidance before taking your next steps. 

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Oct 16, 2022 | Will Contests

Your elderly relative took care of you for years when you were younger, and you’ve pledged to do the same for them as they reach their twilight years. You know that they care deeply about their family, including you, your siblings and all of the younger children.

For these reasons, your elderly relative has created an estate plan, so that the family can receive an inheritance should they become incapacitated. A fundamental aspect of this estate plan is the will. The problem is, you have reason to suspect that their will is a fraud. 

What are some of the more common signs of a fraudulent will? 

Is it brand new? 

You have a conversation with your elderly relative about estate planning every year or so. You want to make sure that their final wishes are reflected in all of the documents. Life changes, so it’s not uncommon for estate plans to change too. 

You know for a fact that a will was drafted only a few months ago. It turns out that it has been completely destroyed, with a new one in its place. This in itself may not be suspicious, but alarm bells are ringing because key family members have been disinherited, with one person receiving a disproportionate amount of the inheritance. This could certainly be a sign that something is not right, and it is worth following up. 

Is the will self-made?

It is perfectly lawful for someone to draft their own will, but that doesn’t mean it is advisable. If your elderly relative had a will that was previously prepared in an attorney’s office and now has a DIY will that is drastically different, you may have good reason to wonder if the new beneficiary had a hand in things.

When drafting a will at any age, it is beneficial to have legal guidance behind you. If you suspect foul play, then it might be possible for you to contest a will through the probate courts. 

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Oct 12, 2022 | Trust Contests

Trusts are created for all kinds of reasons, and their grantors sometimes have very specific ideas about what makes someone worthy to benefit from those assets. This is where incentive trusts come into play.

Incentive trusts are designed to exert a bit of “dead-hand control” over the future by setting conditions on what an heir must do (or not do) in order to receive a payout. Sometimes this is framed as a “carrot-and-stick” approach.

The “carrot” isn’t usually a problem

When a trust’s conditions encourage beneficiaries to make good choices or be on their best behavior – or simply reward them for successfully completing certain milestones, that’s not usually a problem.

For example, a grantor may decide to reward their grandchildren with a hefty payout for things like graduating high school, graduating college or waiting until they’re 25 before they marry. It can also include morality clauses that only pay out if a beneficiary abstains from smoking or drinking or illicit drug use before they’re 21 years of age.

Generally speaking, trusts with these kinds of conditions are fine (although some can run into problems if they’re too restrictive).

The “stick” approach can lead to litigation

But what if a trust seeks to take away a beneficiary’s rights or is simply punitive in some way?

A trust can never require a beneficiary to do something illegal in order to obtain the benefits, nor may it push the beneficiary to act in a way that’s contrary to public policy. Trusts also cannot be used to totally deny someone their fundamental rights and freedoms.

For example, a trust could be written in such a way that it only pays out if a beneficiary marries within the family’s faith – but it cannot deny a beneficiary the right to marry at all. Similarly, a trust could not require a beneficiary to divorce the spouse that their grandmother hated before they get any of the trust’s assets since that would fly in the face of public policy.

If you’re subjected to a trust that seems unduly restrictive, unreasonable or unethical, it may be time to explore all of your legal options. Trusts can be broken under certain conditions.

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Oct 3, 2022 | Will Contests

Estate planning involves the drafting of legal documents that provide instructions on how your assets should be distributed upon your death. You can also use estate planning tools to nominate guardians for your young children, manage your finances and even your health care needs.

As with all legal documents, parties should know what they are signing up to and they should also do so voluntarily. Occasionally, individuals can be pressured or manipulated into drafting or changing legal documents against their will. This is commonly referred to as undue influence. If undue influence is proven, then documents can be challenged in the courts on this basis and invalidated. Outlined below are some of the more common examples of undue influence.

False companionship

False companionship is something that beneficiaries and testators need to be wary of, particularly if the testator is eldelry and has a considerable amount of assets. Usually, friends, family and care providers are sincere in their motives, but there are rare occasions where this is not the case. Sometimes, a person will only appear when the testator is at their most vulnerable, in an attempt to get close to them and eventually manipulate them to change the will in their favor.

The guilt trip

Another tactic that manipulative individuals often employ is the guilt trip. They might falsely tell the testator that they will be in danger if they don’t receive a considerable amount of money in the will. If this is untrue, then it could be classed as undue influence if changes to the will are made for this reason.

A will and other estate planning documents must reflect the wishes of those who they represent. Having legal guidance when dealing with estate planning and administration can help ensure this happens.

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Sep 20, 2022 | Probate Litigation

Ideally, after someone dies, the family will access the will, and the executor will carry out the wishes the deceased laid out in it.

Yet, sometimes no will is forthcoming. What then?

Make sure you have looked everywhere

If you believe your loved one made a will, then consider who might know. If they always used the same legal firm, try asking them. If they mentioned having a safe-deposit box in their bank, ask the bank manager. If the deceased was a hoarder, be prepared to trawl through boxes of stuff in the garage.

Check if they made other arrangements

Not everyone uses a will. Some people pass their assets via alternative means such as trusts or beneficiary designations to avoid probate. It may be there are no, or very few, assets left to worry about.

What if you know there is no will or cannot find one?

If you conclude the person died without ever making a will, the law would conclude they died intestate. When that happens, a probate court decides who gets what. Or rather, they are tasked with enforcing state laws on the matter.

What do Ohio intestate laws say?

Here is how it would usually work:

• The spouse gets everything if there are no children or grandchildren
• The spouse gets everything if all remaining children and grandchildren are theirs

When children or grandchildren t do not belong to them, the split alters depending on how many are involved. Typically as the spouse, they get a greater share.

If your parent remarried shortly before they died, you may feel unhappy about having to share their estate with their new spouse. You may even suspect that the new spouse destroyed the will that would have left you everything, knowing they stand to gain if there is no will. If so, you will need legal help to present a challenge to the probate court.

Posted in Uncategorized | No Comments »

On Behalf of Zigray Law Office, LLC | Sep 19, 2022 | Will Contests

We live in a very litigious society. A will that is meant to take the guesswork out of the picture regarding what you want to happen to your estate when you die can become the subject of a costly legal battle.

There are legitimate grounds upon which a will can be contested. One such ground is your testamentary capacity at the time of signing the will. You must be of competent testamentary capacity at the time of signing your will for the document to be considered valid.

But what exactly is testamentary capacity?

Basically, testamentary capacity is the legal term that refers to the testator’s ability to make their will. To create a valid will, you must understand the basic principles that govern the will.

Legally speaking, you must meet the following conditions to be considered mentally competent to create a will:

• You must understand the nature and effect of your will
• You must understand what you own and who you intend to pass it to
• You must understand the nature and terms of your will
• If you are disinheriting someone, you must understand why you are doing so

So what could affect your testamentary capacity?

A common challenge to the testator’s testamentary capacity is the existence of a degenerative condition like dementia. If you are suffering from Alzheimer’s disease, for instance, you may not have the ability to make independent decisions about your will.

Besides dementia, claims of insanity and substance abuse can influence your ability to create a valid will.

Challenging a will is usually quite difficult. However, it happens. If you believe your loved one did not have the testamentary capacity to create a valid will, you may consider contesting the document.

Posted in Uncategorized | No Comments »