Every adult should have a will. When someone passes away, their will mostly dictates what happens to their money and assets. If the deceased does not have a will, the family can be confused, trying to determine what the person wanted.
However, even if there is a will, there can be disputes in some situations.
You have the right to contest a will in Ohio, but there are things you should know first, including time limits and other relevant information. Learn more in this article, and contact our Ohio estate planning attorney at The Law Office of John C. Grundy today for legal assistance with contesting a will.
You Have 3 Months To Contest A Will In Ohio
First, a will contest is time sensitive, and you only have so much time available. The laws of Ohio state that a person who wishes to dispute the validity of a will must do so within three months of it being submitted to the probate court. If you do not do so in this timeframe, you will likely be unable to contest the will.
There are other important facts to understand about disputing a will in Ohio. If you have questions about these details, please contact The Law Office of John C. Grundy:
Understand The Grounds For Challenging The Will
The laws of Ohio only allow you to contest a will for good reasons. To challenge the will successfully, you must have valid grounds outlined under Ohio law. Some of the most frequent reasons that people challenge Ohio wills are:
- The will was forged
- The person who signed the will did not have the legal capacity to understand the document
- Someone unduly influenced the person who signed the will
- There were procedural errors in how the will was written and executed
- There is more than one will
In Ohio, there are only two people who can challenge the will. The first is a legal heir not mentioned in the document, and the other is an heir or beneficiary who received less than they thought they should. But as noted above, you need to prove you have legitimate grounds.
Collect Relevant Information
As you prepare to contest the Ohio will, you must have plenty of documented evidence about your reason for the challenge. Remember that you have the burden of proof that the will should not be enforced. So, you and your attorney must have a highly persuasive case with a high degree of documentation.
File The Lawsuit In The Correct Court
Will challenges are heard in Ohio in the probate court when the deceased’s will was submitted. To contest the will, you must file a civil lawsuit. This lawsuit needs to be conducted in the correct probate court, and your attorney will ensure that the action is conducted in the proper venue.
Contact Our Ohio Estate Planning Attorney Today
Contesting a will successfully in Ohio is difficult. If you are considering contesting a will in Ohio, you need the help of an attorney. Please contact our Ohio estate planning attorney at The Law Office of John C. Grundy at (330) 637-9030 for legal assistance.