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

When a family member puts assets in a trust for you, they clearly want you to have those assets in the end.

You might therefore assume that once the family member dies, you can get rid of the trustee selected to manage the trust if you do not like them. Yet this is not how it works.

Ohio law only allows you to do so for specific reasons. It works on the assumption that the person leaving you assets via the trust chose that particular trustee for a good reason.

Trustees must manage the trust for the beneficiaries

A trustee must do the best for the beneficiaries while adhering to the rules the trustee set. Failing in one of these three ways might be grounds for removal:

1. A serious breach of trust: If you suspect the trustee has made any dubious or self-serving moves, you may want to remove them fast before they do you out of your money.
2. Conflict between co-trustees harms the administration of the trust: Not everyone can work well together, which could reduce their ability to make the correct decisions so crucial to running your trust effectively.
3. They are unfit, unwilling or fail to manage the trust effectively: Making one mistake is unlikely to be grounds enough, but consistent errors might be. Failing to put in sufficient time and effort or lacking the mental capacity to do a good job may convince a court to remove them.

You will need considerable evidence to back up any claims you make. Getting help to understand whether your situation meets these criteria and gather the necessary evidence to present your petition to a court will be crucial if you wish to remove a trustee.

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On Behalf of Zigray Law Office, LLC | Apr 22, 2022 | Will Contests

When someone passes away and you stand to inherit a portion of their assets, it’s both a sad time in your life and one that is a great gift. The last thing that should happen is for the situation to be tarnished by arguments or disputes.

Unfortunately, those issues do tend to happen in some families. An inheritance dispute may lead to someone trying to hide or conceal assets that they don’t want to see passed on to another person. An executor or trustee might refuse to pay out your share even though it’s rightfully yours.

What can you do if that happens? You need to work with someone on inheritance enforcement.

How do you enforce an inheritance?

It is possible to enforce an inheritance by taking the executor or trustee withholding those assets to court. When the trustee or executor is reasonable, it’s possible that an attorney may be able to help push through delayed transfers that are caused by reasons out of your control.

For example, trusts often have terms that have to be adhered to. Depending on how the terms were written, there could be conflicting instructions or problems with the transaction. The trustee may be holding onto the assets because they want to be sure that they only pass on once the terms of the trust have actually been met.

In that kind of situation, you may want to make sure that you’ve collected all the necessary information for the trustee, such as a marriage certificate if the trust required you to be married, and submitted it to them. If so, and if they still delay, you may be able to work with your attorney to negotiate with them or, in rare cases, take them to court.

The wrongful withholding of an inheritance or an inheritance dispute can be painful and frustrating for you. It’s important that you do have someone to help you through this situation, because the laws surrounding inheritances can be complex and lead to disputes. The right support and negotiation tactics may help you get your full inheritance sooner and resolve any remaining disputes.

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

It may be calming to know that the deceased has put their estate in the hands of a worthy executor. This executor is presumably chosen because they are trusted and respected by the deceased. The role of an executor helps ensure the deceased’s estates are protected and maintained until the estate is distributed. 

If, for any reason, the executor has failed to fill their role they may be putting the deceased’s estate (and your inheritance) in jeopardy. Their failure to swiftly take control of the estate may cause you to lose out on your inheritance. 

Signs that you need to challenge the executor’s position

The executor may be playing out their responsibilities quietly. Accusing them of mismanagement early could cause a misunderstanding – but you also don’t want to wait too long to ask the court to intercede. To ensure you have a solid reason to believe the executor is not doing their job, you need to gather reasonable evidence that shows they are unfit for the job. 

You may have reasonable evidence if the executor:

• Fails to gather death certificates
• Fails to notify creditors of the death
• Fails to contact all the heirs
• Fails to properly distribute the estate
• Fails to pay the mortgages on any real estate
• Fails to pay the taxes on the estate
• Fails to maintain or loses the estate
• Fails to protect valuables or steals from the estate

If any of these things are true, it may be possible to have the executor removed. You may also be able to take additional legal action to recover your losses. Experienced legal guidance can help you determine what steps you should take first.

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On Behalf of Zigray Law Office, LLC | Apr 5, 2022 | Will Contests

Several people may try to contest your will. This includes family members, friends, and even business partners who feel like you have been “unfair.”

However, to have a valid case, the individual must have some type of legal standing. They must also have a valid reason to contest the document. If these things are present and proven, then they can move forward and contest the will.

Some of the reasons that can be used to contest a will in Ohio include:

Faulty or incomplete document

There are specific laws dictating how a will should be written and signed to make it legally binding. If these rules have not been followed, then it can be legally contested.

Undue influence

It can be contested if someone believes the person was influenced when they were writing the will to give or leave someone more than they were entitled to. Usually, the undue influence comes from someone close to the testator. It’s necessary to prove this undue influence, which can be challenging.

Mental incapacity

The testator must have the mental capacity to create a will. This means they understand what assets they have and why they leave them to certain beneficiaries. Someone can contest a will if they have proof from witnesses, doctors or other evidence they did not have the mental capacity to create the document.

What to know about contesting a will

No matter the reason, contesting a will in Ohio can be challenging. It is a process that can also take a lot of time and money. Because of this, it is recommended that someone who plans to contest a will not do it alone. They also need to ensure they have the required evidence before moving forward. 

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On Behalf of Zigray Law Office, LLC | Mar 21, 2022 | Will Contests

As a responsible adult, you took the time to create an estate plan. The goal was to help ensure your family knew your wishes and that they would be carried out after you passed away. 

Unfortunately, the legal system allows some people to contest your will. While there may not be any way to keep this from happening completely, you can take steps to help ensure no one contests your will after you pass. 

Talk to your heirs

One of the best ways to prevent your will from being contested is by talking to your heirs. Let them know why you have left certain assets to certain people. Discuss any concerns they may have. If you address the situation early, you can prevent issues early on. 

Consider a living trust

If you are worried that your will is going to be contested, consider setting up a revocable living trust. These allow you to use the money and assets you have while you are alive, but when you pass, the remaining items in the trust are distributed based on your terms. These are established when you create a trust. 

Trusts don’t go through probate, which means they aren’t subject to the same types of legal actions as a will. Also, they remain private and aren’t public records. That means that people you don’t include in the trust won’t know what you have left to whom. 

Preventing conflict after you pass

Unfortunately, a will is often contested because heirs don’t agree with how you distribute your assets. By discussing your plans ahead of time, you will be taking a step in the right direction to prevent this. Also, having an estate plan with a will and living trust will further safeguard your wishes. 

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On Behalf of Zigray Law Office, LLC | Mar 7, 2022 | Trust Contests

A trust has to be managed by someone, so the people who fund a trust do their best to pick the best person or entity for the job – and it’s a big job. There are lots of decisions that have to be made, including when, where and how to invest those funds so that the trust grows and continues to serve its function.

What happens, however, if a trustee makes a bad call? No investment is entirely without some risk, but some folks are more “risk tolerant” than others.

The Prudent Investor Act controls the trustee’s liability

A trustee in this state has a duty to comply with the Ohio Uniform Prudent Investor Act when it comes to the investments they make on behalf of the trust and its beneficiaries.

In general, that means that a trustee is not liable for a bad investment as long as they are reasonably careful and do a certain amount of due diligence when investigating a potential investment. Specifically, that means they need to consider:

• The general economic conditions at the time of their investment
• Any predictable effect that inflation or deflation might have on the investment
• Any potential tax consequences of their investments or investment strategies
• How much of a role a given investment has to the trust as a whole
• What sort of return they can expect on the investment
• Whether the money would be tied up in a way that would leave the beneficiaries of the trust without enough resources

In short, trustees are expected to keep their eyes open for scams and blatantly bad investments. If they invest willy-nilly or don’t look closely enough into an investment to see that it’s a bad deal, they may be held liable for their mistakes.

If you believe that a trustee has mismanaged a trust, you need to be proactive about holding them legally accountable for your losses.

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On Behalf of Zigray Law Office, LLC | Feb 22, 2022 | Probate Litigation

When others in your family have a complaint about your loved one’s will or general estate plan after their death, it puts you in a difficult position as the executor. You need to do what you can to distribute the state according to your loved one’s wishes, but you can also be understanding of the complaints that others have.

Common probate disputes that come up include conflicts over the will, complaints about how long ago the will was adjusted and issues with promises made that were not kept in the will. All of these problems may result in issues if the parties who are angry file a will contest or take other action to prevent the distribution of assets.

How can you handle probate disputes outside of court?

One thing to keep in mind with probate disputes is that you have some power to resolve issues outside of court. While someone could challenge a will in court, you could avoid that by listening to the problem and seeing if there is a resolution that would be satisfactory to both sides of the argument.

For example, if you know that party A and party B both took care of your loved one before their death but party A was left with $1,000 and party B was left with $50,000, you might want to have a chat about why that might have been and if that was intentional. Reasonable siblings in similar circumstances may agree to have the money paid out as directed and then split the difference without having to involve the court.

Similar issues, like conflicts over who receives items from the parent or loved one’s home, may be resolved by looking at what people received and if there is a way to resolve the conflict without having to involve the court. For instance, if your cousin was told that they’d be able to receive the extra vehicle that your mother had and you know that your mother agreed to that and spoke about it before, you may want to distribute that vehicle to the individual even if it was initially assigned to you in the will.

Sometimes, a lack of updates to a will can cause problems, or verbal agreements aren’t covered in a way that informs everyone about your loved one’s wishes. Families that can be practical may be able to resolve these disputes without going to court through mediation, arbitration or just by agreeing on a different arrangement.

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

Money is never going to make up for the loss of your parent, but receiving something in their will can at least bring a smile to your face. It could help you clear debts, treat yourself to a holiday or put a deposit on your first house.

Discovering your parent left you nothing can therefore lead to a range of emotions, from anger to disbelief, from annoyance to suspicion. If you are the only expected heir to lose out, it can make it even harder to accept.

Does the will have a no-contest clause?

If the will has a no-contest clause, it slims your chances of challenging it. Ohio tends to uphold these clauses more than many other states. The clause also rules out the possibility your parent omitted you by accident. If there is no such clause, you have more options.

Is the will genuine?

Maybe your parent showed you a copy of their will a few months before they died. If this version is different, you want to trace how and when the changes occurred. If you visit the attorney listed as creating it and they know nothing about it, you may be able to claim fraud.

Was there undue influence?

If you can get a copy of an old will and the new one, you can see who has benefitted from you being removed as a beneficiary. Try to think if there is a valid reason for the change, and if you cannot think of one, consider what opportunities that person had to persuade your parent to change things. If they spent a lot of time alone with your parent while you were unable to visit, then you may need to investigate further.

Parents sometimes disinherit their children for a reason.  Yet, if you cannot imagine your parent would have done this to you, seek legal help to examine your options for challenging the will you are shown.

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On Behalf of Zigray Law Office, LLC | Feb 7, 2022 | Breach Of Fiduciary Duty

In most cases, the executors of an estate are persons the deceased trusted to carry out the will. Within that period, they are in charge of the estate. The executor has access to virtually everything about the estate – bank accounts, assets, properties, and all.

Essentially, all an executor has to do is consolidate the estate, pay off existing debts and distribute the remaining part to the heirs. But it is not always the case. An executor may act out of self-interest in a bid to benefit from the deceased estate. As the beneficiary, you need to protect your interests.

An executor should act in the estate’s and beneficiaries’ best interests

By saying the executor owes you a fiduciary duty, it means that they must always act in your best interests regarding the estate. Reckless decisions or anything that hurts the estate could amount to a breach of the fiduciary duty they owe you.

Other instances may include paying themselves large fees from the estate’s funds, selling assets below market value, wastage, or theft of funds could also affect what you are rightfully entitled to.

Taking action

You need to protect your estate if you notice that the executor is not acting in your best interests. Having documentation of your claims should probably be your first step of action. After that, you can seek the court’s direction on changing the executor and recovering losses incurred by their actions.

Cases of executors breaching their positions of trust are not uncommon. You may not be aware of everything regarding your estate, so you need to be keen, especially with the paper trail of all assets. Doing so will ensure that you get what you deserve from the estate of your loved one, just like they would have wanted.

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On Behalf of Zigray Law Office, LLC | Jan 26, 2022 | Will Contests

Tensions can run high after a family member has passed away. Coping with the loss of a loved one can be difficult enough, without adding the extra pressure of legal disputes.

Sadly, family disputes related to estate plans are fairly common in the U.S. Not only can these result in personal fallouts, but they can also impact whether or not your final wishes are fully honored. Recognizing the more common sources of inheritance disputes could help you to avoid them and build an estate plan that functions according to your needs.

The perception of unfairness

If a family member has been left out of the will, they may feel aggrieved and entitled to their share of the inheritance. However, the law in Ohio does permit some family members to be left out of a will. Frequently, people opt to do this by simply leaving the person out of their estate plan. Nonetheless, this can result in disputes further down the line, as a person may have the scope to argue that it was not your true wish. A better option might be to specifically state in your chosen estate planning tools that the person is to be disinherited.  

Undue influence  

Another common source of probate dispute is when a family member feels that their loved one has been manipulated in some way. Regrettably, people can be selfish at times and a loved one may have been exposed to extended manipulation with the purpose of gaining financial rewards. Additionally, if someone is vulnerable, the risk of being manipulated can be heightened. For a will to be effective it needs to truly reflect the final wishes of a person, and if it doesn’t, challenges could be brought before the court.

Ideally, you want your estate plan to put your family at ease rather than create conflict. With an in-depth understanding of your legal rights in Ohio, this is perfectly feasible.

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