Every Ohio adult should have a will that states how they desire their estate to be divided. When a person dies, this document mostly controls what happens to their assets and property. If you do not have a will, surviving family members could be dealing with a complicated legal morass and be unsure who should receive which assets and property. However, even if there is a will in place, there are times when it could be successfully contested.
Learn more about contesting wills in the post below. Next, speak to our Ohio estate planning attorney today at the Law Office of John C. Grundy for assistance with contesting a will by calling (330) 637-9030. He also can help you with various estate planning services, including trusts, powers of attorney, healthcare directives, living wills, and special needs trusts.
Statute Of Limitations For Contesting A Will In Ohio
Like many legal actions, contesting a will is a time-sensitive matter. You must begin the will contest process before the statute of limitations expires, or you will have no way to exercise your legal rights. According to Ohio Revised Code 2107.76, you usually must challenge the will within three months of its submission to the Ohio probate court.
Grounds For Contesting A Will In Ohio
You cannot contest a will in Ohio successfully just because you are unhappy with what you received. To challenge the will successfully, you have to have proper grounds. This means you must have a valid reason that the probate court should not enforce the will. Some common grounds for contesting a will are:
- More than one will
- Forgery
- Lack of mental capacity
- Procedural errors
- Undue influence
A legal heir can challenge the will if they believe it is invalid for any of these reasons.
The Process For Contesting A Ohio Will
As you forge ahead with your will challenge, collecting all records, documents, and additional evidence needed for a strong case is vital. In Ohio, you have the burden of proof that the probate court should not accept the will. You must assemble a persuasive, well-documented will contestation case. Mr. Grundy knows the types of evidence typically needed for a successful will contest and can advise you in this regard.
The probate court administrates will contests in the state where the will was submitted. Challenging a will means you will need to file a civil lawsuit, and it needs to be filed with the correct probate court. Your attorney will ensure that the correct paperwork is filed in the proper court.
Have Questions About Contesting A Will? Talk To Our Ohio Estate Planning Attorney
Contesting a will successfully is challenging. But with the assistance of an experienced estate planning attorney, you may enjoy a successful outcome to your case. For answers to your questions about contesting a will, speak to our Ohio estate planning attorney at the Law Office of John C. Grundy. He can be reached at (330) 637-9030. Mr. Grundy has helped Ohioans with estate planning needs for over 25 years, and he can guide you throughout the will-challenge process.