Every adult needs a will. When someone passes away, their will mostly controls what happens to their assets and property. If you do not have a will, your surviving family members may fight over what you worked so hard for, and probate disputes can also occur. Learn more about contesting a will below, and talk to our Ohio estate planning attorney today for legal assistance.
Who May Contest A Will?
People with a financial interest in the person’s estate are legally entitled to contest the will. People who can contest a will in Ohio include a legal heir who was not included in the will, and an heir or beneficiary who got a smaller share than they thought they should have received.
Know The Grounds
You cannot contest a will successfully in Ohio simply because you did not get what you wanted. To challenge a will in Ohio, you have to have legal grounds. This means you must have a valid reason that the probate court should not enforce the will. Some of the common ways to contest a will in Ohio are:
- Multiple wills
- Lack of capacity
- Forgery
- Undue influence
- Procedural errors
Undue influence is one of Ohio’s most common ways to challenge a will. This means that another party manipulated the testator to take particular possessions for themselves. For undue influence to be proven, you must prove the following:
- The testator was vulnerable to being influenced
- Someone tried to influence the testator improperly
- The will shows how the person unduly influenced the testator
- The person who made an influence had the chance to do it
Talk to your estate planning attorney in Ohio about the will in question. They will help to determine if you have grounds to challenge the will in court.
Collect Evidence And Information
As you prepare to challenge the will, gathering evidence, such as records, documents, and more that will prove your case is vital. In Ohio, you have the burden of proof that the court should invalidate the will. You must put together a strong case supported by evidence to win.
File Suit In The Correct Court
In Ohio, a will challenge is heard by the probate court where the will was submitted. If you want to challenge a will, you must file a lawsuit in the correct court. Your estate planning attorney will determine where the contested will case should be challenged.
Act Within the Statute Of Limitations
Contesting a will must happen on a tight timeline. Under state law, you typically have to challenge a will within three months of it being submitted to the probate court. Your attorney will ensure that you meet all deadlines for filing your case.
Contact Our Ohio Estate Planning Attorney Now
If you think your loved one was unduly influenced when they wrote their will, or you have another reason to contest the will, you should consider hiring the best attorney possible. Please contact our Ohio estate planning attorney today at The Law Office of John C. Grundy for assistance at (330) 637-9030.