Legal Question in Wills and Trusts in Ohio

How do you contest a will

Can a person contest a will over a step parent that will be getting everything?


Asked on 6/03/09, 3:12 pm

2 Answers from Attorneys

Anthony Rifici Rifici Law Office

Re: How do you contest a will

Almost anyone can attempt to contest a will of a decedent. You should consult an experienced probate attorney to review your situation in detail, so it can be determined if you can prove whether or not the decedent lacked testamentary capacity when the will was made, or whether the will can be overturned on other grounds such as fraud or undue influence. This is not an exhaustive list of challenges to a will, so you really need to see an attorney.

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Answered on 6/03/09, 3:18 pm
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: How do you contest a will

To contest the will you will need more than just that a stepparent is getting everything. You will need to prove that your parent lacked the capacity to make a will, that he or she was suject to undue influence or some other grounds.

You also have a short time frame to contest a will-generally within three months from the date the will is filed with the probate court.

You should consult with a probate attorney as soon as possible.

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Answered on 6/03/09, 5:08 pm


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