Navigating Estate Disputes in Ohio

Protecting Your Family’s Legacy

Estate disputes can be emotionally taxing, leading to strained relationships and potential financial losses. At Heban, Murphree & Lewandowski, LLC, we understand the complexity and sensitivity of these matters and are here to provide you with the utmost legal support in Ohio. Our experienced team is committed to helping clients navigate the most common estate disputes, ensuring your assets are protected and your wishes honored.

Understanding Estate Disputes in Ohio: Protecting Your Family’s Interests

In Ohio, estate assets encompass many properties, including real estate, tangible personal items, and financial and intangible assets. Moreover, estates often hold sentimental items and cherished family heirlooms with emotional value.

However, family members and loved ones can have disagreements regarding distributing these assets through wills and trusts. In such cases, individuals may contest the validity of estate planning documents in court based on several grounds, including:

1. Breach of Fiduciary Duty: While not directly challenging the estate plan’s provisions, disputes can arise when a representative, such as an executor, healthcare power of attorney, financial power of attorney, or trustee, fails to fulfill their responsibilities. Fiduciary duty involves acting in the best interests of another individual, and when this duty is breached, interested parties can take legal action.
2. Undue Influence: If it can be shown that the testator was coerced or misled into creating or altering the will, its validity can be contested in probate court.
3. Defects in Document Drafting: Any legal deficiencies found in wills or trust documents can lead to challenges in probate court, questioning the document’s validity.
4. Lack of Testamentary Capacity: To challenge the validity of a will or trust, one must prove that the person creating it lacked the mental capacity to do so. Though adults are typically presumed to have the ability to create wills, evidence can be presented to demonstrate otherwise.

At Heban, Murphree & Lewandowski, LLC, we understand that these disputes can cause significant strain on families and jeopardize the intended distribution of assets. Our experienced team can guide you through estate planning, focusing on preventing conflicts and protecting your family’s interests.

Our approach includes:

1. Proactive Planning: By crafting a comprehensive estate plan, we aim to minimize the potential for disputes and ensure your wishes are clearly expressed.
2. Thorough Legal Guidance: We help you understand your rights and responsibilities as well as the obligations of fiduciaries, ensuring transparent and smooth estate administration.
3. Dispute Resolution: In the unfortunate event of a dispute, we provide assertive representation to protect your interests in court and strive for amicable resolutions whenever possible.

Resolving Estate Disputes in Ohio: A Path to Peace and Protection

Estate disputes in Ohio can be emotionally wrenching, causing rifts within families and leading to prolonged legal battles. Our seasoned estate litigators have witnessed firsthand the complexities of such conflicts. Let’s discuss the key factors driving estate litigation in Ohio and offer insights on proactively addressing these challenges.

1. Will Contests:

Disputes over the validity of a will often arise due to:

• Lack of testamentary capacity.
• Undue influence from external parties.
• Fraudulent actions, deceiving the testator.
• Improper execution of the will.

2. Trust Disputes:

Trust-related conflicts stem from issues like:

• Ambiguous trust provisions lead to disagreements.
• Allegations of trustee mismanagement or breach of fiduciary duty.

3. Guardianship Disputes:

Guardianship conflicts arise due to the following:

• Disagreement on the necessity of guardianship.
• Qualifications and suitability of the proposed guardian.
• Accusations of breach of fiduciary duty by the guardian.

4. Joint Ownership and Beneficiary Designation Conflicts:

Disputes may surface over:

• Unclear or outdated beneficiary designations.
• Disagreements among joint owners regarding asset management and distribution.

5. Creditor Claims:

Estate litigation can result from:

• Challenges to the validity or enforceability of debts.
• Disputes among creditors over asset distribution.

Need Legal Help?

At Heban, Murphree & Lewandowski, LLC, we are dedicated to providing you with the utmost legal support to navigate through these emotionally taxing matters. Our experienced team is committed to protecting your assets and ensuring your wishes are honored.

With a focus on proactive planning, we aim to minimize potential conflicts by crafting comprehensive estate plans that clearly express your intentions. Don’t let estate disputes tear your family apart. Consult our seasoned estate litigators today to take the first step toward peace and protection. 419.662.3100