Best Probate Attorneys in Hamilton, OH

Losing a loved one is never easy, and the thought of challenging the validity of their will can compound an already difficult time. However, there may be situations where you feel compelled to contest a will due to irregularities in the document. To help guide you through this process, we will discuss the grounds for contesting a will, how to contest a will, how long this process usually takes, and lastly, how an attorney can be of help in this circumstance. Grounds for Contesting a Will: There are four main grounds for challenging the validity of a will in Ohio. These include a lack of due execution, lack of testamentary capacity, undue influence, and fraud. Lack of due execution refers to when the will wasn't signed or witnessed correctly or is notarized improperly. Testamentary capacity means that the person creating the will did not have a sound mind at the time of signing the will. Undue influence occurs when someone else exerts excessive influence over the deceased in creating the will. Lastly, fraud means that the will's creator was misled in one way or another when signing the will. How to Contest a Will: If you believe that one of the above grounds applies to your situation, the first step in contesting a will is to file a complaint with the Probate Court where the will was filed. Once you've filed the complaint, the person designated as the executor of the will must receive a copy of the complaint, usually via a summons or service of process.