Legal Question in Wills and Trusts in Ohio
contesting a will??
i had asked a previous question about my husband receiving a ''waiver of notice of probate of will'', thank you for your answer but i still have a couple of questions.
since my husband was executor of all previous ''wills'' before the ammended one (dated 2005) is it in my husband's best interest to contest the ''will''? it is just contesting someone's final wishes is a very sensitive thing.
what are the circumstances where people do contest someone's wishes?
do they actually get the ''will'' ammended and what are the chances of winning such a thing?
with this example of being the closest relative and being omitted would this be an instance?
we found out the time his uncle found out he had cancer was when he changed his ''last will and testament''. we are wondering if he was under medication from pain.
it just seems like something else is going on to us.
how would we find out, living out of the state if my husband has a ''bank account'' that his uncle may have put away for him?
my husband is going to call the attorney who handled the ''will'' today, because we thought that may have been why we were sent the ''waiver of notice''?
do you think we should retain councel to do a search under my husband's social for such an account?
2 Answers from Attorneys
Re: contesting a will??
Wow. There is a lot to your question. Please feel free to email me below and give me all the information that you possibly can.
Re: contesting a will??
I will try to give you some general answers to your quetions but you really should contact an attorney directly for some more specific answers.
A will contest can be brought if someone thinks that the person signing the will was not competent at the time, was under undue influence or fraud was involved. All of these might be hard to prove if your husband was not around his uncle during the time period in question.
If a will contest is successful the will that is contested would be declared invalid and the next prior will would be probated.
As far as a bank account in your husband's name if it is a joint account or payable on death the executor or attorney might be able to give you that information.
Will contest actions must be brought within three months so you should contact an attorney as soon as possible.
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