Probate Litigation Attorneys In Cleveland, Ohio
After loved ones pass away, disputes sometimes arise that cannot be resolved easily. In our probate litigation practice at Kathryn T. Joseph & Associates, Inc., we are committed to helping clients resolve inheritance disputes cost-effectively and efficiently. We handle probate disputes from initial settlement negotiations to appeal, if necessary.
It is not terribly unusual for conflicts to arise over the appropriate property distribution or transfers of real estate. Because of poor communication or other issues, will contests are sometimes brought to challenge the validity of a particular will or bequest. When a dispute first arises, we recommend calling an attorney experienced in both probate administration and probate litigation to help you resolve it as painlessly as possible.
At Kathryn T. Joseph & Associates, Inc., we have 25 years of experience in probate, estate planning and probate litigation. We understand that conflicts arising after the death of a loved one have the potential to divide families for years. When the financial stakes are high, disputes can become bitter.
Deep Experience With Probate Litigation
Our attorneys help families who feel they need to dispute the way a loved one’s wishes are being carried out. That may require asking a probate court to resolve the issue, especially when the need is to contest a living trust or durable power of attorney, which operate largely without court oversight.
When wills are contested, it is often due to fraud or undue influence, usually by a trusted family friend or caregiver. Another fairly common situation is when it is unclear whether the writer of the will writer was suffering from diminished mental capacity and was, therefore, not in the state of mind to write a legal will.
Recently, lawyers have been seeing challenges due to evidence that improper property transfers or concealment of assets may have occurred, perhaps in an attempt to seek Medicaid assistance. This could result in a large difference in the ultimate size of any estate to be divided. Reverse mortgages have also created some challenging issues during probate administration.
Your Legal Options In A Probate Dispute
Ohio puts a time limit on potential will contests. If you have a valid claim but do not wish to pursue a will contest, you may have the option of pursuing a “tortious interference” claim against any party who interfered with the writing of the will in order to gain an advantage.
The lawyers of Kathryn T. Joseph & Associates, Inc., can help you decide if you have a valid claim and how best to pursue it.
We have also devoted a large part of our practice to conservatorship and guardianship issues. As with all probate litigation, our aim is to help you resolve these challenges as quickly and painlessly as possible.
Contact an attorney at Kathryn T. Joseph & Associates, Inc., for aggressive, focused representation in any probate concern.