Having a loved one pass away can be a difficult experience, but encountering problems with the will can make the event even more stressful for you and your family members. If you have realized that there are discrepancies or other issues with the will, you may be struggling to decide what you should do about it and what your rights are. We at Kroener Law Firm not only assist our Ohio clients in will preparation, we can also help if you need assistance contesting the contents of another will.
WealthManagement.com states that, in order to legally question the validity of the will, you must be able to prove that you will be personally affected by the court’s decision. If you were given a larger bequest in a previous trust or will, but are now left with less, you may have sufficient legal standing to file a lawsuit. If you are a family member who would likely be given an inheritance, but your loved one did not make a valid will or trust, you could also be considered a disadvantaged or disinherited heir at law and be allowed to take legal action.
There are certain factors that can cause a will to be invalid. If your loved one was incapacitated or unduly influenced before signing, the document was not signed according to the law or the will was procured by fraud, you can contest its validity.
Ohio is one of only nine states that allows the validity of the estate plan to be established before the client passes away. This can prevent problems in the future and allow aspects of the will to be challenged and affirmed while the client is still alive. If your loved one has already passed away, you must file a lawsuit before the state’s deadline. To learn more, please visit our web page.