How to Contest A Will In Ohio

Losing a family member or other loved one can be exceedingly difficult. It is a time where everyone is emotional and wants to spend time with family and be comforted. However, when someone passes away, problems can arise over the will and who gets what and what happens to their property. There are instances where you strongly believe the will needs to be contested, and we are here to take away some stress and help you understand what a will is and how to contest one.

What is a Will?

A will, or a last will and testament, is a legal document that shares someone's wishes (a testator) on how they would like their property and other assets divided up and managed. The will is then enacted and read to relevant parties when this person passes on.

How Do You Contest a Will in Ohio?

Contesting a will is done during probate, or the official judiciary process of reviewing and validating a will, when you believe it to be invalid. Probate is when the assets and property of the testator are divided up following the instructions given in the last will and testament.

Why Would You Contest a Will?

As you would guess, contesting a will is not an easy task. When considering whether you should contest a will, you will want to make your decision based on if you think your chances of winning are in your favor. The process of doing so can be extremely difficult, expensive, and comes with an uncertain outcome. It can be challenge because the court will go under the pretense that the will is correct as written. Therefore, the chances of you winning are slim.

Under the unfortunate circumstances where a will does not represent what was intended by the testator and that is why you would want to render a will invalid and contest it.

Here are some common reasons you would contest a will:

• If it goes against state laws - As there should be, there are many rules and requirements for drafting and validating a will. The problem is that it can vary in different states. If the proper signatures are not present on a will, you can contest it by contacting a lawyer to determine if you can contest it on the grounds of informality upon signing.

• If there it involves fraud or forgery - There are chances where a will can be forged, or you need to contest a will on the grounds of fraud. If you can prove this, the will can become invalid. However, this will be hard to do.

• If you believe the testator was coerced - Coercion could be done by another family member, caretaker, or anyone else who could have pressured them. Just like forgery, this can also be difficult to prove because you will need solid evidence. 

• If what they intended is unclear - This is also a challenging task because the testator is no longer around to confirm what they were intending to do with their assets.

Contesting a will is a challenge and having a fighting chance can be uncertain. Do go at it alone. Be sure to consult with a probate attorney before you begin the process.

This article was brought to you by Heban, Murphree & Lewandowski, LLC, an experienced probate law firm in Ohio, focusing on will contests and family inheritance legal matters.

© 2023 Lawyer Herald All rights reserved. Do not reproduce without permission.
* This is a contributed article and this content does not necessarily represent the views of lawyerherald.com