Legal Question in Wills and Trusts in Ohio

Re: contesting a will

A will can only be contested under very limited circumstances. One would need prove that the decedent was incompetent when the will was signed, or that he was subject to undue influence. Your reason for contesting the will is not sufficient. The Probate court will see to it that the bills from the decedent's last illness are paid before any distributions. Likewise, all other valid debts of the decedent which are submitted to the executor within one year of death will be paid as well; provided there are sufficient funds.

Also, you seem to have concern that the "family" is some how indebt or owns on the decedent's debts. You are not; unless you were a surity or a guarantor.

Re: contesting a will

You can't contest the will, but the probate court will require that the deceased's medical bills be paid before anything goes to a named beneficiary.

Re: contesting a will

If the estate is so small in value that it qualifies for the small estate exception to the probate code. In California that's $100,000.00 for everything and no piece of real property in the estate may be worth more than $20,000.00.

Even if the estate qualifies for the small estate exception the deceased's bills are supposed to be paid first.