When a loved one passes away, the court oversees the settling of debts and the distribution of assets as outlined in their last will and testament. When beneficiaries and other interested parties don’t agree with the terms, there are certain circumstances when they can bring their concerns to the court. Each state has different legal grounds for contesting the document, so here is what you need to know about requirements in Ohio.

A Guide to Contested Wills in Ohio

Common Reasons to Contest

In Ohio, you must have a financial stake in the document to challenge it in probate. This is often the case when a close relative who would stand to inherit is not named. Direct heirs also contest the terms when their portion of the estate is a lot less than what others received.

The court may consider your claim if it’s proven that the testator wasn’t of sound mind when they wrote it or were coerced by another beneficiary. If the testator divided the estate based on fraudulent claims, you have legal grounds to challenge the will. The same is true if the testator didn't sign it in front of two witnesses or if a document exists that was signed and dated more recently.

The Process & Possible Outcomes

Once probate begins, you have three months to file a civil action lawsuit to contest the document. Everyone named in it, the executor, anyone else with a financial interest, and the Ohio attorney general must be notified. You must prove your grounds are valid during a jury trial or closed-door hearings. If the will is proven invalid and another one doesn’t supersede it, the court may proceed using intestate succession laws. This means the estate can be divided among the closest living relatives. 

Ways to Avoid Contestation

Once the testator dies, they can’t speak about their intentions. That’s why Ohio allows for antemortem validation of wills. This means that the testator can file a declaratory judgment with the court before they pass away. This validates the document and prohibits anyone from challenging it later.

If you believe you have grounds to challenge a will or need help with estate planning to avoid disputes, contact Lance S. Cox, Attorney at Law. The Cincinnati, OH, estate lawyer has over 30 years of experience, which makes him qualified to help you file a civil action and prove your case in court. Learn more about available services online, call (513) 528-6000 to schedule a consultation, and stay connected on Facebook.