Legal Question in Wills and Trusts in Ohio

Contesting a Will

My grandfather past away in oct2007 of lung cancer. He had hospice coming in to see him every other day. he was on many meds. and didnt know where he was from time to time.he wrote a will in 2001 naming me excutor and benificiary. he left everything to me. in sept2007 not even a month before he past his sister and brother took him to there lawyer to file a new will. (they are both now excutors and benificiarys in this one.) (I have the orginal copy of the first one) .Everyone says that he was not in his right state of mind when he wrote the 2nd one even Hospice. is there any way that i could contest the new will and it go back to the first one? and do i have any chance of winning? I am only intrested because my grandfather was who i lived with all of my life and thats the only place that i had to call home, they have already kicked me out and now they are trying to sell everything. what can i do?


Asked on 3/05/08, 11:23 pm

2 Answers from Attorneys
Robert Rosplock Rosplock & Perez

Re: Contesting a Will

Incompetence to understand what is necessary to make a will would invalidate the final will. Get to your attorney quickly so you do not miss any deadlines for contesting the latest will.

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Answered on 3/06/08, 12:09 pm
David Davies Law Office of David H. Davies

Re: Contesting a Will

You do have a right to contest the will. You will need to retain an attorney to do this and you need to act quickly. There are strict time limits and if you wait too long you will loose your right to question the will.

If you have an attorney you should contact that attorney immediately. If you do not have an attorney and would like to discuss this in more detail, feel free to call. There is no charge for a confidential telephone conference.

I have been representing people in these types of cases for over 30 years. I would say that your chances of success are fairly good based on your description of the situation.

Call me (or someone!)as soon as you can-you can't loose by calling but you could loose a lot if you don't.

Good Luck

DHD

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Answered on 3/06/08, 10:55 pm


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