Will Contests
(authored by Attorney Daniel F. Zigray)
The typical situation when a person's Last Will & Testament is challenged is when one of the children is "cut out" from their parent's estate, leaving the entire estate to only one child.
There are procedures in the probate court which allow a person to "contest" that Last Will. The typical issues presented to accomplish that are to allege that the person who signed the Last Will ("the Decedent") was "not legally competent" or was subjected to "undue influence" by another.
The typical situation when a person's Last Will & Testament is challenged is when one of the children is "cut out" from their parent's estate, leaving the entire estate to only one child.
There are procedures in the probate court which allow a person to "contest" that Last Will. The typical issues presented to accomplish that are to allege that the person who signed the Last Will ("the Decedent") was "not legally competent" or was subjected to "undue influence" by another.
- "Not Legally Competent"
The Decedent could be found to be "not legally competent" by reason of a physical ailment or disease, such as Alzheimer's Disease, or by reason of a mental illness such as schizophrenia or severe depression. These types of conditions can impair a persons mental functioning and memory. In all of our cases we obtain and review the Decedent's medical records, looking for the evidence that we know will help us to prove this claim.
- "Undue Influence"
Almost all of our cases which challenge the validity of a Last Will involve the allegation that the Decedent signed the Will while being subjected to "undue influence" by another. Typically the person who is doing the "influencing" attempts to isolate the Decedent from the other family memebrs who have been cut out from the Will. We have devloped several different methods for "flushing out" evidence to prove this claim and have had great success in doing so.
The Law Zigray Law Office, LLC, principal member Attorney Daniel F. Zigray, exclusively handles these types of cases. We have extensive experience in this area, having litigated many different matters in the various probate courts in Ohio including Will Contests, Trust Contests, abuses of Powers of Attorney, and many other types of inheritance disputes.
Often, these are emotionally charged matters, invloving litigation between family members. We have the experience necessary to obtain a recovery for our clients and guide them through these difficult cases.
Our office is located in Maumee, Ohio,(a suburb of Toledo); However, I travel to all parts of Ohio to represent clients in all areas of this State. Our phone number is 419-897-7999 and I offer free consultations and case investigations. In most cases, I am available to meet with you in your home to discuss your case. For more information please contact me at dan@zigraylaw.com or through the web site at www.zigraylaw.com.
The Zigray Law Office, LLC
1690 Woodlands Drive
Suite 200, Second Floor
Maumee, Ohio 43537
Phone : 419-897-7999
Facsimile: 419-897-7982
Email: dan@zigraylaw.com
Website: www.zigraylaw.com
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