Will Contests

Toledo Will Contest Attorneys

Located in Toledo, Ohio, our law office, Kolb & Zigray, represents clients in contesting wills throughout Ohio. We have also defended will contests. We help clients by providing them with practical probate litigation experience.

Our firm was founded in 1946, and started focusing on probate litigation in 1984. In recent years, we have focused our practice exclusively on probate litigation. We do not practice estate planning or estate administration.

Common Factual Scenarios in Will Contests

No two will contests are the same; however, we have found that there are several recurring themes in will contests. The following scenarios are some examples which often raise a "red flag" signaling that a challenge to the will may be appropriate:

• Last minute changes to a will ("death bed will")
• Changes to a will when a person is very ill, or while in the hospital, or living in a nursing home
• The will is changed while a person is under court guardianship
• Changes to a will using a new attorney instead of the long-standing attorney
• Only one child inherits under the will while the other children are excluded
• The second spouse inherits everything while the children from the first marriage are excluded

Quick Action is Necessary

There is a very short period of time to file a will contest which is essentially 3 months after a Certificate is filed with the Probate Court that notice has been given to certain interested parties. If you intend to file a will contest, you must act quickly.

Undue Influence and Mental Incapacity

The most common grounds for challenging a will are (1) undue influence, and (2) incompetency.

1. Undue influence claims arise when a person pressures the person making the will to give assets to someone he otherwise would not give them to. We have dealt with this unique legal theory for many years and we understand how to gather evidence to support it.
2. Mental incapacity (incompetency) is caused by such problems as Alzheimer's disease, dementia, mental illness, memory problems, and major depression. We have also dealt with this legal theory in almost every will and trust contest.
3. Other legal theories included fraud, duress, and mistake. We have also dealt with these legal theories.

Valid Wills and Standing to File Invalidity Claim

A will is not automatically valid when a person signs it. There are requirements of law; the person must be 18 years or older, of sound mind and memory, and not under undue influence.

In order for a person to challenge a will, he must have legal "standing." Generally, standing is available to family members, such as a surviving spouse, children, parent, or other relative who would have inherited if there were no will. An individual named in a prior will would also have standing to challenge its validity.

Contact Kolb & Zigray for a free consultation with a compassionate and aggressive Toledo will contest attorney.