Legal Question in Wills and Trusts in Ohio

I have seen this type of case many times. First, you have to remember that you have a short time to contest the validity of a will in Ohio - three months from the filing of a certain document in the probate estate called the "Certificate of Service of Notice of Probate of Will". This document will be filed in the estate after everyone entitled to notice of the probate has been notfied by the executor.

You have the right to challenge the will in a will contest; you also have the right to challenge the validity of the bank accounts and/or insurance policies he left them. This would be through a different action which you may be able to join with the will contest case.

A few issues that will determine whether or not you have a good case:

(1) did you have a good relationship with your father?;

(2) is there a prior will that leaves you a bequest?;

(3) when was the will signed?;

(4) what was your fathers medical condition when he signed the will?;

(5) Whose attorney wrote the will, his or the couples'?

Whether you have a good case or not involves alot of background information gathering; however, this is usually a "red flag" situation for me to review this kind of case very close, especially since a non-family member is the heir.

You can look at our website for additional information about pursuing these kinds of cases at www.zigraylaw.com