Dealing with the death of a loved one is difficult enough. Dealing with a will that you know your loved one didn’t intentionally write can be even more frustrating. As a family member, you may have grounds to contest the will of your deceased loved one in Ohio.
Failure to sign according to state laws
Any probate litigation lawyer can reveal that each state has its own laws regarding what processes have to be followed during the signing of a will. One common example is that the signer of the will must do so in the presence of a witness. If the proper legal processes weren’t followed, then you may have grounds for contesting the will.
Lack of testamentary capacity
It’s vital that a person understands just what they’re signing when it comes to their will. They need to fully comprehend the nature and value of their assets. In a case where you believe your deceased loved one didn’t fully understand what they were signing and its impact, you may have grounds for contesting a will.
As your loved one’s age, their ability to be persuaded enhances. This is one of the most common reasons that the elderly are preyed upon by scammers. If you believe that there was a person acting to influence your deceased loved one’s decision regarding their will, then you can have grounds for contesting it.
In some events, a person may have completely procured a will that was never actually written by your loved one. The testator unknowingly signs the will. If you believe this is the case in respect to your loved one’s will, then you have grounds for contesting the will.
When it comes to contesting a will, there are four main reasons that you can do so. These include the failure to follow state laws, lack of testamentary capacity, undue influence and fraud. If you are dealing with this type of legal matter, it’s advisable to have an attorney to assist you.