Wills and trusts are legal instruments, but they are mute documents. They can't clarify themselves the way the creator of the instruments could have. The law poses certain requirements in an attempt to provide clarity. But with large sums of money and emotions on the line, parties frequently challenge the validity or interpretation of wills and trusts.
At Reminger, we have more than 100 combined years of experience seeking to uphold the intentions of individuals who established wills and trusts.
We are also committed to representing clients challenging wills and trusts based on concerns of undue influence, incompetence, or fraud. We have the skills and legal resources to advocate your case, if you plan to challenge the legitimacy of a will or trust believing your loved one was under undue influence at the time the will or trust was created.
We can also help you fight back against relatives left out of the will or trust challenging the authenticity of the estate planning documents. Our comprehensive background handling all sides of probate disputes helps us effectively preserve our clients' best interests.
Our Cleveland challenges to wills and trust attorneys are here to help guide you during this emotional roller coaster.
Determining the Validity of Wills and Trusts
When we take on a case contesting or defending a will or trust, we need to understand if the information presented in the trust or will was proper and valid. If a will fails to conform to state law, it may be found invalid. Unfortunately, distribution of property and assets would then proceed according to state law, which is rarely what anyone wants.
Another prominent question is whether the decedent created the will or trust at a time when he or she had the mental capacity to make those type of decisions. If the person had suffered a stroke, had Alzheimer's disease, or another illness affecting his or her mental capacity, the will or trust may be found invalid.
Seeking to Ensure Individuals' Wishes Are Carried Out
You may not have been officially notified of the death of a friend, or whether or not he or she had a will or trust. If you have a reason to believe that you are entitled to a loved one's personal property, you may be able to obtain pertinent information from the executor or trustee. We take every measure to make sure those who create a will or trust will have their wishes carried out.
Frequently there is no "smoking gun" showing that a will or trust is valid or invalid. Our work as your estate litigation attorneys is to assemble the most complete and convincing circumstantial case supporting your side of the dispute.
- Know What You Have: Codicil Cannot Amend an Earlier Trust
- Changes to Ohio’s Rules of Civil Procedure Effective July 1, 2020
- Mediation: An Alternative Approach to Estate and Trust Controversies in the Time of Coronavirus
- You Can Count on Reminger During These Uncertain Times
- Ohio’s Response to COVID-19 Impacting Probate/Trust Law and the Courts
- Estate Planning in Light of Coronavirus (COVID-19)
- In re Estate of Shaffer – Does the Voiding Statute Apply to Non-Conforming Wills?
- Adam M. Fried Scheduled to Speak at 2020 The Ohio American College of Trust and Estate Counsel Fellow Meeting
- Timothy Gallagher and Paul Shugar Author Article for January/February 2020 Issue of Probate Law Journal of Ohio
- Attorney Ethics Investigation Uncovers Financial Abuse