Legal Question in Wills and Trusts in Ohio

possible fraud with will and trust

cast:one 94 yr. old uncle, declared competent after stroke now deceased. One 88yr.nephew cut from will( lives 1500 mi. away) One 75 yr. old nephew from previous marriage (not blood) helps with banking and other legal matters. Non blood nephew calls daughter of real nephew,asks her to go with him to witness 94 yr. old transfer home to the trust,she signs but does not recall 94 yr.old signing in front of her. This was done in Jan. 06. His attorney there every time but this time. Uncle dies Aug.07. Attorney contacts daughter of nephew, surprised to find out her father is still living, sends him papers giving 90 days to respond to fact that his daughter had not witnessed the house being transfered but cutting father from estate, we also believe he told 94 yr. old same story. Non nephew so far not interested in settlement (we believe estate is between 1&2 million) Non nephew in his 70's, never had reason to not trust him. Are there grounds for litigation? Hope this makes some sense and thanks for your attention.


Asked on 2/10/08, 11:20 am

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: possible fraud with will and trust

What you right is difficult to sort out, but generally speaking, one can challenge the disposition of a will if it can be proven that the testator was of unsound mind at the signing or under duress. The problem of proof is same goes for assets that don't pass through the will.

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Answered on 2/10/08, 9:03 pm


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