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Probate litigation in Ohio

On Behalf of | Jun 23, 2016 | Estate Administration & Probate, Firm News |

After an Ohio resident passes away, conflicts may sometimes arise over matters such as the transfer of their real estate holdings or how their property should be distributed. In some cases, the validity of their last will and testament or the legitimacy of a particular bequest may be contested. Resolving these disputes is often a difficult and delicate process, but they can divide families for years to come if they are not addressed promptly.

If you feel that a deceased loved one’s wishes are not being carried out properly, resolving the issue may involve filing a claim in probate court. This is especially true if you wish to contest the provisions of estate planning documents that generally operate without court oversight like durable powers of attorney and living trusts. While you may find the prospect of court action daunting, inheritance disputes may sometimes be resolved quickly, efficiently and cost-effectively.

If you wish to contest the will of a loved one, you should act promptly as Ohio law puts a strict time limit on this type of legal action. Wills may be contested when fraud is suspected or the testator appears to have been influenced unduly or coerced into changing the terms of the document. These actions may also be pursued when there are questions about the mental capacity of the testator.

Pursuing a claim of tortious interference is an alternative for those who are reluctant to contest the will of a loved one. This kind of action is taken against an individual who is alleged to have gained an advantage by interfering with the writing of a will. If you would like to learn more about these matters, you are invited to visit our page on the subject.

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