Ohio | Wills and Trusts
2/04/10, 1:37 pm
Legal Question
Can you protest a will in the State of Oho, when you are the only true son and you receive a clock out of a fairly sustantial estate?
Can you protest a will in the State of Oho, when you are the only true son and you receive a clock out of a fairly sustantial estate?
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Read More Answered By: Nancy Fioritto Patete |
Yes, but not on the basis of what you received from the estate. If the will did not reflect your father's intentions, for example, if he was not mentally competent or was coerced into his decisions, then you have grounds for contesting it. |
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Read More Answered By: David Davies |
A person who is an heir may contest a will. If you are the son and have been left out of the will you have a right to file an action in the probate court to contest the will. Having the right to file does not mean that you will win. There are legal issues that can be raised and there may or may not be grounds to have the will set aside.
You will need to provide some detailed information regarding your dad's health, relationship with the person named in the will, nature of the property etc.
You should be aware that there is a limited amount of time to contest a will. If you are seriously considering an action, you need to talk to an attorney as soon as possible. I would be happy to talk to you on the phone and provide additional information. I have handled a number of will contest cases over the past 30+ years. You can call me at 440-953-2000 for a free, no obligation conference. If you don't call me, call someone-You do not want to let time run out and have the decision made for you.
Good luck!
DHD
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