When Estate Disputes Require Litigation
Estate and trust disputes can arise even in close families. A will that seems unfair, a trustee who is mismanaging assets, or a family member who exerted undue influence over an elderly parent are situations that may require legal action to resolve.
Trust and estate litigation is a specialized area of law. Our attorneys have the experience to evaluate the strength of your claim, navigate the probate court process, and advocate aggressively for your rights.
Types of Cases We Handle
Will Contests
Challenge a will based on lack of testamentary capacity, undue influence, fraud, or improper execution. We represent both challengers and those defending the will's validity.
Breach of Fiduciary Duty
Hold executors and trustees accountable for self-dealing, mismanagement of assets, failure to account, or other breaches of their fiduciary obligations.
Contested Accountings
Challenge or defend executor and trustee accountings when beneficiaries dispute how assets have been managed, valued, or distributed.
Removal of Executor or Trustee
Petition the court to remove an executor or trustee who is failing to fulfill their duties, has a conflict of interest, or is acting against the interests of beneficiaries.
Undue Influence Claims
Prove or defend against claims that a vulnerable person was manipulated into changing their estate plan in favor of a caregiver, family member, or other individual.
Trust Modification and Termination
Seek court approval to modify or terminate a trust when circumstances have changed and the original terms no longer serve their intended purpose.
Frequently Asked Questions
How long do I have to contest a will in Ohio?
In Ohio, a will contest must generally be filed within three months after the will is admitted to probate. Acting quickly is essential. Contact an attorney as soon as you have concerns about a will's validity.
What is undue influence?
Undue influence occurs when someone uses their position of power or trust over a vulnerable person to pressure them into making estate planning decisions they would not otherwise have made. It is one of the most common grounds for challenging a will or trust.
Can I remove a trustee who is mismanaging assets?
Yes. Ohio courts can remove a trustee who has breached their fiduciary duty, has a serious conflict of interest, or is otherwise failing to administer the trust properly. We can petition the court for removal and appointment of a successor trustee.
What evidence is needed to contest a will?
Evidence may include medical records showing cognitive decline, witness testimony about the testator's mental state, evidence of isolation or manipulation by a beneficiary, and expert testimony from physicians or psychologists.
Can estate litigation be resolved without going to trial?
Many estate disputes are resolved through mediation or negotiated settlement before trial. We always explore settlement options, but we are fully prepared to litigate aggressively when necessary to protect your rights.