Legal Question in Wills and Trusts in Ohio
Is it difficult to contest a will in Ohio? Before my aunt Passed away she on numerous accounts told my mother that everything she had would go to my mom and Cousin after the Will was read My Aunt had left all of her personal, real and or mixed to a friend. My Mom is confused over this and wonders because my aunt made a will right after her husband passed if she wasn't thinking clearly this has us all a bit concerned my mother and Aunt were very close.
Thank You
2 Answers from Attorneys
To contest a will in Ohio, it is necessary to prove that the author of the will was of "unsound mind" or was under duress at the time the will was made. This type of proof is based on circumstances, so I suggest you discuss this matter with an attorney.
It can be difficult. A valid will is executed by a testator who is of sound mind, and is signed and dated in the presence of two witnesses. The are several reasons for contesting a will, but the most common are for fraud, undue influence, incompetence, improperly witnessed, and outdated will. Each case is differerent and is difficult to say whether will be difficult or not. You should have a probate attorney evaluate your case and give you a complete legal assessment. If you need anything further, please contact my office at www.socrateslegal.com .
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