Legal Question in Wills and Trusts in Ohio

can a will be contested after death by executor of the will? And can the will go to probate after death if the executor feels things werent settled properly?


Asked on 8/28/10, 10:40 am

1 Answer from Attorneys
Daniel Zigray The Zigray Law Office, LLC

In Ohio, the executor has to resign, if they have already been appointed, if they wish to contest the will. The reason for this is that the estate executor has to be named as a defendant and you can not be a defendant and plaintiff in the same case. In addition, there is a notion in Ohio law that the executor has to defend the decedent's will.

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Answered on 9/02/10, 11:28 am


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