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Who has the ability to contest a will?

| Oct 24, 2018 | Probate |

Perhaps your grandmother recently passed away, and her estate finds that she created and established a will. Unfortunately, your grandmother created the will nearly 25 years ago, and the assets, beneficiaries and designations do not reflect what you thought to be her true wishes.

In Ohio, only specific individuals have the authority to contest a will document if they believe that the last will and testament of a loved one does not prove to be accurate. You knew your grandmother well, and you want her assets to fall into the correct hands after the probate process finishes.

When contesting a will, it is crucial that you seek the expertise of an Ohio estate planning attorney. These individuals have years of experience discovering evidence for a valid will contest, and they can assist you in ensuring your grandmother’s true wishes are exemplified.

Contesting a will and utilizing an attorney

According to Ohio law, the following individuals have the ability to contest a willdocument.

  1. Any person designated as a beneficiary in a will document
  2. Any heir that will receive property from the will document
  3. The executor of your loved one’s estate
  4. The attorney general, if necessary
  5. Any other interested party

If you believe that the will document is invalid, it is important to file your will contest within three months of the will’s presentation. During this time, you and your attorney will collect evidence to provide to the court that will indicate the invalidity of the will or some elements.

If the court finds that the will does, in fact, prove invalid, you may receive reasonable compensation for your time and attorney’s fees during the contest process.

Because you must provide sufficient evidence and file timely, you may not wish to contest a will document alone. Utilizing an attorney can help you quickly and accurately disprove the validity of a loved one’s will, so that their true wishes can be carried out after probate in Ohio.

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