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SWolf@WolfsLaw.com

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The Law Office of
Stephen W. Wolf, LLC
26777 Lorain Road, Suite 709
North Olmsted, Ohio  44070
 

Ohio Will Contests

When the people left behind disagree about the validity or interpretation of a will, the resulting action is called a "will contest".  These may include:

  • Inheritance disputes

Matters of interpretation can be taken before the court in the hopes that a third party will resolve the dispute.

  • Declaratory actions

In seeking a declaratory judgment, you are asking the court to make a determination on what action should be taken.  If two or more people disagree on a will, they can ask the judge to determine the outcome.  Asking before taking action allows the parties to avoid the added expense of taking action and then defending it later.

  • Concealment actions

When a family member is able to take property from an estate that is not his or hers to take, the court can be asked to force that person to return the property.

  • Undue influence and competency issues

People who are dying are often at their weakest.  Manipulation that causes a result that the decedent would not have desired, were the decedent well, is called undue influence.  The court can be asked to undue such manipulation.

  • Trust disputes

Disagreements on the makeup and management of trusts can be taken to the court.

  • Breach of fiduciary duties

When a person who has responsibilities toward the estate does not act in the best interest of the estate, and instead acts for either himself or others, that is called a breach of fiduciary duties.