Legal Question in Wills and Trusts in Ohio

tortious inference with inheritance advice????

Prior to my Uncle passing away, all his assets and property were signed over to one of our Cousins ''Executrix'' over a seven year period.All savings and investment accounts were a joint account with survivorship between cousin and Uncle. Upon his passing we were named benefeciaries in his will.We each received $250.00 from a policy that was divided amongst the cousins and told that this was the only probate asset and asked to sign a receipt acknowledging the final distribution.We know that upon our Uncle's death our Cousin paid Ohio $10,312 in Estate taxes. That amount puts the total value of His/her assets at over $600000.We believe that our Uncle was not capable of making these type of decisions and that our cousin pressured him and wrongfully coerced him into signing everything over in a joint account with survivorship. We have witnesses who will testify to this. We have retained a Probate Attorney who we have paid appoximately $2500.00 so far. His services to date have included writing a letter requesting a copy of all assets transferred to the cousin over the last 10 years. We are not happy with the attorney since he is undecisive and wants $15000 to file a suit. Do we have a case? should we get a new attorney?


Asked on 5/12/05, 5:02 am

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: tortious inference with inheritance advice????

You need some additional evidence as to whether the cousin actually asserted undue influence over the uncle in his daily life and personal matters. You must be able to prove that the dispositions that the uncle made were not what he would have ordinarliy done, absent the cousin's actions.

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Answered on 5/12/05, 7:16 am


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