Ohio Probate Litigation Attorneys

At Kolb & Zigray, we have been handling probate disputes since 1984. Now, our exclusive area of practice is probate litigation. We do not practice in any other area. We no longer handle estate planning or probate estate administrations.

We have been involved in hundreds of cases - both locally and around the state of Ohio. We primarily handle plaintiff's cases, but we also represent defendants. We have tried, appealed and settled probate litigation cases.

Our probate litigation practice includes:

• Will contests: In will contests, we challenge or defend the validity of a will. Some common situations are where there is a last minute change to a will and/or replacement of a long standing attorney or executor. In many cases, one child inherits to the exclusion of other children, or a second spouse inherits to the exclusion of the decedent's children.
• Trust contests: In these contests, we challenge or defend a trust or trust amendment. These contests involve issues similar to will contests (see above).
• Trust and will constructions: When there is confusing or conflicting language in a trust or will, we ask the Court to interpret that language.
• Pre-death gift and transfer cases: In these cases, we challenge or defend a questionable asset transfer made during a person's lifetime (an "intervivos transfer") by gift, deed or designation as a beneficiary on a bank account, brokerage account, insurance policy, retirement account, etc.
• Farm inheritance disputes: In these disputes, we challenge or defend a will, trust or deed involving a farm.
• Breach of fiduciary duty cases: Usually, in these cases, a trustee, executor or a person using a power of attorney, has abused his authority by acting in his own personal interest instead of the interest of the beneficiaries.
• Concealment of assets actions: These are cases where someone has taken assets that rightfully belong in the estate.
• Inheritance enforcement cases: In these cases, someone is attempting to enforce his/her rights under a will or trust.
• Inheritance disputes or estate disputes: These are other terms which describe the probate disputes above.

The basis for the challenge in most probate litigation cases is undue influence and/or incompetence. Other legal theories include fraud, duress, or mistake. Our Toledo probate lawsuit attorneys have dealt with all of these approaches.

Our Practice is State-Wide

Although our office is located in Toledo, we handle these cases all over the state of Ohio.

How Are We Paid ?

We are willing to take probate litigation cases on a contingency fee basis. A contingency fee is where we are paid a percentage of the amount we recover, but we are not paid if there is no recovery. Thus, we take the risk of loss, not you. Our years of experience help us to evaluate worthwhile cases, which gives us the confidence to take on cases without charging you on an hourly basis. Most other probate litigation attorneys only take these cases on an hourly fee basis. We also take some cases on an hourly basis.

Probate litigation cases often require many hours of work. It is not uncommon for us to invest 200-300 hours or more (sometimes much more) to prepare a case for trial, and this becomes very expensive if you are paying us on an hourly basis. Many clients find it difficult to afford that type of expense.

Typical Steps in Handling Cases

We have developed a system of obtaining comprehensive information from our clients. After this, we obtain the decedent's medical records, gather information through interrogatories (written questions) and requests for documents, and then take depositions of potential witnesses.

We have taken numerous depositions of opposing parties, attorneys, doctors, and other witnesses with knowledge.

There are similar fact patterns in probate litigation cases, and we are familiar with them. This assists us in gathering the right information to support your case.

These cases are often traumatic to the client, especially when a child is excluded from a parent's will or trust. Emotions run high for the parties on both sides of the dispute. We make every attempt to calm the passions rather than fan the flames. Settlement, if the ultimate goal, can be more effectively accomplished by reducing rather than heightening emotions.

Contact Kolb & Zigray to speak with an experienced and dedicated Toledo probate lawsuit attorney.