There are people out there who take advantage of others when they are most vulnerable. They swoop in when someone’s sick or having memory problems and convince them to make decisions that do not make sense even if that decision involves changing a will.
Will contest and how it should be done
Imagine someone getting close to your mother or father with the intent to turn them against you so that they will write you and your siblings out of their will. Instead of the estate going to you and your family, it is now going to the person who turned your parents against you. This is done even though you had been a loving son or daughter your entire life.
Ohio law provides an action called a "Will Contest." The will contest provides beneficiaries and next-of-kin an opportunity to allege claims of wrongdoing such as undue influence, or duress during the time of signing the Will in question. Further, claims may be made challenging the authenticity of the Will, its provisions, or the maker's mental ability to sign the Will. The Will Contest, is a trial which requires the parties present evidence and witness testimony to the probate court in support or defense of the claims being asserted.
You must keep in mind that the time is very limited to bring a Will Contest. An experienced lawyer is necessary to timely file the action in a probate court. The best thing you can do, if you find yourself facing a similar set of circumstances, is contact competent legal counsel right away.
The lawyers at the Probate Division of The DiCello Law Firm are experienced in bringing Will Contests. They understand ythe difficulty of this type of case and how to explore, identify and prove claims of undue influence or duress. Call us today for more information, or to schedule a free consultation with an experienced probate attorney (440) 530-3605.