Will Contest Lawyers in Dayton
Ohio Probate Litigation Firm
A will contest is a civil action, through probate court, to invalidate a will that has been admitted to probate under R.C. 2107.10 through 2107.77. There is only one question answered in a “contest.” Is it a valid will? If successful in contesting a will, the estate is then distributed per the statute of descent and distribution or looks to a prior will for proper beneficiary designations.
For guidance through this complex area of the law, turn to our Dayton probate litigation lawyer at David Brannon, Attorney at Law for a free consultation.
What Is a Will Contest?
A will contest is not an action to interpret the provisions of a will. That is considered a will construction action. It may be prudent to file both a will contest and a will construction action at the same time to protect the interests of beneficiaries.
Our will contest lawyer in Dayton represent clients in cases involving challenges to the validity of a will based on allegations of:
- Improper drafting, execution, or lack of witnesses;
- Fraud, mistake, or forgery;
- Claims that the testator lacked mental capacity to understand the nature or extent of assets or the terms of the will;
- Claims of undue influence that may occur when the testator was compelled or coerced to sign the will; and
- Actions to protect a surviving spouse, involving the minimum statutory elections for a surviving spouse under the provisions of Ohio law.
Proper estate planning is essential to minimizing family disputes over a will and/or trust.
Work Now to Retain Skilled Counsel
Timing and quick action is vital in will contests, as a challenge must be filed within 3 months of the notice of admission of the will to probate under R.C. 2107.76. Our Dayton probate litigation attorney will work quickly to assist you and your family.
Call (937) 802-4900 to discuss your matter today.