Legal Question in Wills and Trusts in Ohio
Protest a will
My father passed away in June. His wife (my mother passed away in 1987) recently sent me a copy of the will and told me I would be receiving papers to sign off on it from her attorney. To date I have not received those papers. I would like to protest the will. My father left me or my sister and brother anything in the will. It was all left to his wife. I will point out she is 35 years younger than my father and they were married for 10 years. How do I or should I protest this? Thank you
1 Answer from Attorneys
Re: Protest a will
The only way to protest the Will is to hire an attorney to contest the Will in Probate Court. There are attorneys who may take the case on a contingency fee basis. However, based on what you have told me, a Will contest is not likely to succeed. As long as your father was competent at the time he signed the Will, the Will is likely to stand, especially since he was married to her for 10 years. Also, if the Will is several years old, you are not likely to succeed. The burden of proof is on you to show that your father was not competent at the time he signed the Will.
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