Probate Litigation Process

The Probate Litigation Process

Losing a loved one is difficult enough without having to fight complex legal battles in Ohio over the estate. That's what can happen, though, when probate is contested or the administration of the estate somehow goes awry. Wills might be disputed. Families might disagree on the handling of a trust. The estate executor might improperly carry out their duties. Whatever the reason, you need legal guidance to protect your rights and your loved one's legacy.

At Braden Blumenstiel Legal Advocates Group, our probate litigation attorneys represent clients throughout Ohio courts. We help our clients achieve fair resolutions in even the most complex estate disputes. We understand both the emotional and financial stakes involved and are committed to vigorously defend your interests while remaining sensitive to family dynamics.

Don't risk losing your inheritance or spending years in costly litigation. Contact us today at 614-508-1677 or 1-888-343-9796 for a Strategy Session, and let our probate litigation lawyers in Franklin and Delaware Counties help you understand your rights and develop a strategic plan to resolve your probate dispute.

Understanding Probate Litigation in Ohio

Probate is a formal legal process that allows for the distribution of a person's estate (total sum of their assets and liabilities) upon their death. This person may die intestate (without a will) or testate (with a will). If there's a will, it will be submitted to and recognized by the Probate Court so the Estate Executor can begin administering the estate in accordance with the will and the law. If the will did not establish an Executor or if there is no will, the Court will appoint an Administrator to handle the estate assets. Under those circumstances, the Administrator will administer the estate in accordance with Ohio intestacy laws.

Probate sounds like a straightforward process, and generally, it is except when issues arise. If not adequately and timely settled, these issues can lead to probate litigation.

What is Probate Litigation?

Probate litigation applies to disputes over an individual's assets after someone passes away. Typically, a person's assets are distributed through a will, trust, or other forms of financial asset designations such as Transfer on Death (TOD), Payable one Death (POD), or Beneficiary Designations. If a dispute arises regarding who receives assets after someone passes away, the legal process of disputing those transfers is referred to as “Probate Litigation”.

Probate Litigation Process

Regardless of what is being disputed, Probate Litigation typically follows the same basic process. Probate litigation can be broken down into five basic phases similar to most other lawsuits: initial filing and response, discovery, pre-trial, trial, and post-trial.

Initial Filing and Response

In Probate Litigation, the plaintiff initiates the process by filing a complaint with the Probate Court setting forth their claims (e.g., will contest, trust contest, breach of fiduciary duty, etc.). Interested parties (typically known as “Defendants”) are formally notified of the lawsuit through the service of process of the complaint. Defendants have a specific timeframe to file their answer or objection to the complaint. The Probate Court may issue temporary orders to protect assets during litigation.

Discovery Phase

The discovery phase involves a sharing of information between parties. During this part of the lawsuits, the following typically occurs:

• Document requests for financial records, medical records, and other case-related documents are sent to the opposing parties through requests for production of documents.
  
  
• Written interrogatories asking detailed questions about the Plaintiff's claims and are submitted to the opposing parties by Plaintiff's counsel. Written interrogatories and requests for production of documents asking detailed questions about the Plaintiff's claims and requesting relevant documents are submitted to the opposing parties by Plaintiff's counsel.
  
  
• Depositions of key witnesses, including family members, estate planning attorneys, medical providers, and/or financial advisors are taken to investigate the key facts relevant to the case.
  
  
• Subpoenas to third parties like banks, medical facilities, and/or businesses are sent to obtain relevant documents possessed by third parties who are not involved in the lawsuit.
  
  
• Expert witnesses (e.g., forensic accountants, medical experts, handwriting analysts) may be retained to review the evidence, provide supporting expert reports, and testify at trial on behalf of the party who retained the expert.

Pre-Trial Proceedings

A status conference with the Judge to monitor the progress of the case is usually scheduled. During this time, parties may file various requests by motions to the Court. Many times, the parties will participate in mediation or settlement negotiations prior to going to trial. If the parties do not do so voluntarily engage in negotiations or attempt mediation, the Probate Court may require it prior to trial.

Trial Phase (if no settlement is reached)

If the case is not resolved through negotiations or motion practice, a trial will eventually occur. At trial, each side:

• Questions potential jurors and tries to get “unfavorable” jurors excused so they won't serve as a juror at trial,
• Presents opening statements to the jurors,
• Provides evidence (through the use of documents and witness testimony),
• Cross-examines witnesses, and
• Presents closing arguments.

After both sides present their closing arguments, the jury (or Judge if the case was presented to the Judge instead of a jury) will deliberate and decide which party should prevail.

Post-Trial

After the jury or Judge's decision is made, the parties are informed of the decision. Then, the winning party submits proposed orders commemorating the decision. The losing party could file an appeal if done within specified timeframes. If no appeal is filed or the appeal is denied, the Court orders commemorating the trial results are implemented through asset distribution or other remedies. In some circumstances, attorney fees may be awarded from the estate or losing party or parties.

The entire process can take anywhere from several months to multiple years, depending on case complexity and Court backlog.

Common Reasons for Probate Litigation

There are a number of reasons why a person or business with an interest in the probate process in Ohio may sue. Six broad reasons include:

1. Challenges to the validity of a Last Will and Testament
2. Challenges to the validity of a Trust
3. Challenges to pre-death transfers and changes to beneficiary designations
4. Misconduct by an Estate Administrator or Executor
5. Misconduct be a Trustee of a Trust
6. Challenges made by a creditor
7. Family and beneficiary disputes

At Braden Blumenstiel Legal Advocates Group, our Ohio probate litigation attorneys aim to settle challenges to the probate process before a lawsuit is filed. When the latter cannot be prevented, we work tirelessly to ensure our clients' interests are protected. We also believe in working proactively to identify issues before they arise so that we can avoid challenges altogether. 

Understanding the Common forms of Probate Litigation

Challenges to Wills in Ohio

One of the most common forms of Probate Litigation is a “Will Contest”. A will allows you to outline how you want your assets to be distributed upon your death. The point is to avoid challenges and secure a seamless probate process for heirs and beneficiaries. Sometimes, though, wills are contested on the grounds that:

1. The testator lacked the required mental capacity;
2. The testator was under undue influence;
3. The testator was a victim of fraud; or
4. The will is otherwise invalid. 

These challenges put a smooth probate process at risk of litigation. The following summarizes the most common reasons a Will is contested.

Lack of Mental Capacity

In order to make a valid will, the testator must understand the nature of his/her assets, who has a natural claim to the person's assets, and that he/she is making a will. Generally, to be considered mentally competent to make a will, the testator must:

1. Understand they are making a will;
2. Know the nature and extent of their property;
3. Recognize their natural heirs and those who would normally inherit;
4. Understand how their assets will be distributed; and
5. Be able to form a rational plan for distribution.

Situations where a testator lacks mental capacity may include, but are not limited to, the following:

• Severe Dementia or Alzheimer's Disease. Under these circumstances, the testator suffers from advanced cognitive decline that prevents them from understanding the nature and extent of their property or recognizing their natural heirs. However, early-stage dementia does not automatically invalidate a will if the testator had lucid periods when they created it. 
  
  
• Mental Illness with Delusions. In this situation, the testator suffers from a mental illness that can directly affect their decision-making about their assets or beneficiaries. For example, if the testator suffers from paranoid schizophrenia, it may cause them to wrongfully believe their children are impostors and disinherit them based on this false delusion.
  
  
• Severe Intoxication. This is a very rare occurrence. To successfully contest a will on the basis the person making the will (i.e., the “testator”) was intoxicated, the testator must have been under the influence of drugs or alcohol when creating or modifying the will to the extent that they couldn't understand what they were doing.
  
  
• Terminal Illness with Mental Impairment. In this situation, medication or an illness may severely impact cognitive function. For example, heavy pain medications can negatively affect mental clarity as can brain cancer.

Using lack of mental capacity as a ground to challenge a will, however, would likely not work in cases where the testator was only temporarily confused, displayed eccentric behavior, or simply made unexpected distribution choices. The key is whether the testator understood the essential aspects of their will and what they were doing when they created it.

Undue Influence and Coercion

This is a very common reason a Will is contested. Undue influence occurs when someone exploits a position of power to improperly persuade a susceptible testator to change their estate plan or otherwise pressures the testator to change their will. 

For example, if your uncle passes away and you discover that his most recent will was signed while he was severely ill and under the influence of a caregiver who became the primary beneficiary, you might need to initiate probate litigation to challenge the will's validity.

Red flags of undue influence and coercion include:

• Sudden changes to estate plans that benefit caregivers or new acquaintances
• Isolation from family and friends
• Changes made while the testator is vulnerable or dependent
• Unexplained disinheritance of close family members

If you identify any of the above red flags or have any other related concerns, it is best to speak to a probate litigation attorney to determine whether you should contest a will in Ohio.

Fraud or Forgery

Contesting a will based on fraud or forgery means arguing that the will is not valid because it was created dishonestly. Fraud happens when someone tricked the person making the will into including things they did not truly agree with or want. For example, a person may successfully lie to the testator that they are their long-lost child from an affair many years ago.

Forgery is when someone fakes the testator's signature or creates an entirely false last will and testament. For example, the forger may create a completely new document rather than altering the original will by copying the testator's signature style, adding fabricated witness signatures and notary stamps, and dating it after the original will to supersede it.

To prove fraud or forgery, the person contesting the will must show evidence – like expert handwriting analysis or testimony about suspicious circumstances. 

Challenging the Validity of a Will

Any will is invalid if it was created by a person who lacked the required mental capacity, was under undue influence, or was a victim of fraud or forgery. Wills may also be invalid if the following more basic requirements are not met, like:

• Testator is not of legal age (typically 18)
• Will was not properly signed and witnessed by at least two witnesses

For example, a will signed by only one witness would be invalid, potentially leading to intestate succession.

Challenges to the Validity of Trusts in Ohio

Typically, Trusts do not go through probate. In fact, one reason Trusts are created is probate avoidance. They still might have to go through probate if disputes arise about things like validity, trustee conduct, or beneficiary rights. In these cases, the Court would intervene to resolve the issues.

Common grounds for challenging a Trust are similar to the common grounds for challenging a Will and include:

• Lack of mental capacity when creating or modifying the Trust
• Undue influence by family members or others
• Improper Trust formation or execution
• Trustee misconduct or mismanagement

Estate Administrator or Executor Misconduct in Ohio

An executor's role is to faithfully manage the estate's assets and distribute them according to the Will. Common signs of misconduct include:

• Using estate funds for personal expenses (e.g., an executor using estate money to pay for their own vacation)
• Failing to provide accurate accountings of estate assets (e.g., an executor submitting incomplete financial reports that concealed personal use of the estate's rental income)
• Favoring certain beneficiaries over others (e.g., an executor expediting the transfer of valuable antiques and investment accounts to one sibling while repeatedly delaying or obstructing distributions to a step-sibling, claiming "paperwork delays," despite the will requiring equal distribution)
• Selling estate assets below market value to friends or family (e.g., an executor selling a vacation home for half of its value to a relative without obtaining proper appraisals or marketing the property to other potential buyers, thereby, depriving beneficiaries of the full inheritance value)

When misconduct occurs, beneficiaries can petition the Court to remove the executor and potentially recover misappropriated assets.

Trustee Misconduct in Ohio

A Trustee has very little discretion in terms of how he or she handles Trust assets. During the Trustor's life, the Trustee must handle the Trust assets in a way that benefits the Trustor. After the passing of the Trustor, the Trustee must strictly abide by the terms of the Trust and act for the benefit of the Trust's beneficiaries.

Signs of Trustee mismanagement and misconduct include:

• Failing to provide accountings when requested
• Commingling personal and trust funds
• Self-dealing or making improper investments
• Showing favoritism among beneficiaries

A Trustee breaching his or her fiduciary duties and obligations is a very serious matter and can easily lead to Probate Litigation. 

Creditor Claims Against the Estate

When someone passes away, their debts don't disappear. Creditors have a legal right to file claims against the estate. Common scenarios include:

• Outstanding medical bills
• Credit card debt
• Mortgage payments
• Personal loans

For example, if your father passes away with $50,000 in credit card debt, the credit card company can file a claim against his estate. Typically, these debts must be paid before beneficiaries receive their inheritances.

Family and Beneficiary Disputes in Ohio

Family and beneficiary disputes are the most common reason for probate litigation in Ohio. These disputes may involve, but are not limited to, any of the above-listed and described common reasons for litigation.

Sibling Disputes in Probate

Unfortunately, Probate Litigation often involves disputes between relatives…frequently siblings. Common sibling conflicts involved in Probate Litigation include:

• Disagreements over the distribution of personal items
• Arguments over who should serve as executor
• Disputes over the sale of family property
• Claims of unfair influence over parents

For example, three siblings might disagree about selling their parents' home, with two wanting to sell immediately and one wanting to keep it in the family…or they may believe one sibling unduly influenced their mom to change her Will so everything went to the one sibling and the other two get nothing.

Disputes Over Asset Distribution

Asset distribution disputes often arise from:

• Unclear will language about who receives specific items
• Questions about whether lifetime gifts should be counted against inheritances
• Disagreements over asset valuation
• Conflicts over personal items with sentimental value

For example, three siblings might dispute their mother's jewelry collection, where the Will simply states "to be divided equally among my children" without specific guidance on individual pieces that may have particular sentimental value to one of the children.

Disinherited Beneficiaries

Being disinherited means being excluded from a Will or Trust…or receiving significantly less than expected. Legal options include:

• Challenging the Will or Trust's validity (often by claiming such things as undue influence or lack of capacity)
• Filing for an elective share (for spouses)
• Seeking interpretation of unclear Will or Trust provisions

For example, a child completely excluded from their parent's Will might challenge it by proving the parent lacked mental capacity when making the changes to the estate plan.

Spousal Rights in Probate

Surviving spouses have special protections, including:

• Right to an elective share (typically 30-50% of the estate)
• Potential community property rights
• Homestead rights
• Family allowance during probate

For example, even if a husband's Will leaves everything to his children from a previous marriage, his current wife can usually claim her elective share.

Disputes Involving Step-Families

Blended families face unique challenges, like:

• Conflicts between the current spouse and children from previous marriages
• Disagreements over personal property ownership
• Questions about inheritance rights
• Disputes over family heirlooms

For example, a stepmother and stepchildren might dispute whether certain jewelry belongs to her personally or is part of the estate.

Real Property Disputes in Probate

Property-related conflicts often involve:

• Co-ownership rights
• Property valuation disagreements
• Sale versus retention disputes
• Title problems or boundary issues

For example, siblings might disagree about whether to sell their parents' vacation home or maintain it for family use.

What to do if a Dispute Arises After a Loved One Passes Away

In an ideal world, everyone's estate plans would be clear and no disputes would arise when someone passes away. Unfortunately, we do no live in an “ideal world”. Probate disputes are common, and when they occur, you need an experienced Probate Litigation Attorney to protect your rights and guide you through a complex legal process.

Contact an Experience Ohio Probate Litigation Lawyer Today

Our probate litigation attorneys resolve estate disputes in Franklin, Delaware, Licking, Union, and all other Ohio counties with the aim of helping families achieve fair outcomes while preserving important relationships. At Braden Blumenstiel Legal Advocates Group, we understand both the emotional and legal complexities of probate litigation and will fight to protect your interests.

Contact us today either by using the online form or by calling us at 614-508-1677 or 1-888-343-9796 to schedule a free Strategy Session. Let us help you understand your rights and options while working toward the resolution you deserve.

Righting Wrongs and Protecting Futures