If a loved one has died, the administration of the estate can be a trying experience. A will contest or estate dispute can increase the stress of losing a loved one on you and those close to you.
Whether it’s a family heirloom that has sentimental value or the equitable distribution of property, family members and friends may disagree on the way an estate is distributed. These conflicts can create tensions, rifts, and sometimes result in lawsuits.
If you believe that a will does not express the true intent of a loved one or that the will is in someway invalid, you have the right to seek the court’s intervention to modify or set aside that will.
Steven M. Goldberg has been guiding clients through the legal complexities and emotional distress of probate litigation since 1989. He has the legal experience, track record and negotiating skills to effectively represent your claim and obtain a fair resolution for you. Whether you are a beneficiary challenging the execution or validity of a will or an executor being accused of some mistake or wrong doing, we can help.
It’s not easy to sit in a room with someone with whom there is emotional conflict. We are counselors as well as advocates. We advise as well as represent. Our clients deserve to know what we do, why we do it, and how it benefits them.
When a will is challenged in state probate court, it can be invalidated for a number of reasons, including:
Lack of capacity. A valid will requires that the decedent (the person who has died) possessed “testamentary capacity” – the mental competency to execute a will at the time the will was signed and witnessed. Challenging a will on the basis of capacity requires that the decedent did not have the necessary mental capacity to understand the nature or extent of the property or the identity of the heirs when the will was created.
Undue influence. If the decedent did not make the will of free choice due to the improper influence of another person, the will may be challenged. Undue influence typically involves the accusation that a trusted friend, relative or caregiver procures a new will that reflects his or her own desires rather than those of the testator (person who has made a will).
Fraud, mistake or forgery. A will can be challenged if it pages have been inserted after it was signed or if the decedent’s signature is forged. The testator must be over 18 years of age. The will must be in writing and signed in the presence of at least two competent witnesses who are not beneficiaries under the will. If the will was not properly drafted, signed or witnessed, according to the requirements of Ohio law, the will can be challenged as invalid.
But, don’t wait to talk to us.
There are deadlines for filing your challenge. In most cases, once the will is accepted into probate in Ohio, you have only three months to contest it. Because many variables can affect circumstances and the time allowed to contest a will, it is important to consult us promptly.
Steven M. Goldberg is on your side every step of the way. We know the courts and procedures in Ohio and have strong networks nationwide. If you need more information and additional resources, keep reading.
The laws surrounding will disputes are complicated, and litigation can be lengthy and expensive. The following are some steps that may make a will contest less likely:
For an evaluation of your case, contact the Goldberg Law Firm today.
