Legal Question in Wills and Trusts in Ohio

Re: contesting a will

To contest a will you need to be able to prove either that the will was not executed properly, he did not sign of his own free will (undue influence) or that he did not have capacity to sign the will.

You will need to file a will contest action in the probate court where the will is being probated and you need to file within a short period of time after the will is filed for probate. Basically the time frame is three months after the will if filed.

This answer is general legal information and is not intended as legal advice. You should consult an attorney to discuss your particular situation.

Re: contesting a will

As a general rule in Ohio, a competent adult may leave his or her assets and property to whomever they wish, even to the extent of disinheriting adult children. Sometimes with blended families and/or second marriage situations, this can cause problems as you are experiencing.

Once a will is admitted to Probate Court, it has a presumption of validity, and you would then have the burden of proof to show that the will is not valid because of improper execution, lack of capacity, fraud, or undue influence. This is not a complete list of reasons why a will could be found invalid, but they are the most common reasons.

The time for filing a will contest action is short, being usually three months from the time the will is probated and a notice to this effect is filed by the fiduciary. Thus, you should obtain an attorney promptly and have a face to face meeting in order to review your specific situation. Good luck in resolving your case.