Cleveland Probate Litigation Lawyers

No one likes talking about death, but everyone wants to ensure that their loved ones are not overwhelmed with legal issues when they die. At Wuliger & Wuliger, our Cleveland probate litigation lawyers help resolve disputes between heirs and provide legal guidance for an estate’s administration.

Legal Guidance For Estate Administration And Ohio’s Probate Process

The executor of a will has several duties. A person who is named in a will as the executor must file the will in probate court. They must also manage the deceased person’s final affairs and pay debts. Additionally, they are responsible for distributing property to the heirs.

The rules and procedures governing probate proceedings can be daunting. Our attorneys can provide representation during this process and make sure all an executor’s duties are completed correctly. We can also assist with the administration of trusts.

Probate Litigation: When Disputes Arise During Probate

Sometimes, legal disputes are unavoidable. If you are unable to avoid a legal dispute, our lawyers can provide representation in probate court on a variety of matters, including:

• Will contests: Will contests involve challenges to the validity of a will, such as claims that the deceased was the victim of fraud, duress, or undue influence.
• Trust or estate administration disputes: Sometimes, beneficiaries claim that the estate wasn’t administered properly. They can also allege that there was a breach of a fiduciary duty by a trustee, executor, estate administrator or guardian.
• Wrongful death claims: Wrongful death or other tort claims belonging to the deceased may be brought on behalf of an estate.
• Creditor claims: Creditor’s claims involve the defense or prosecution of claims of individual creditors or financial institutions against an estate.

Sadly, death can bring out the worst in people, leading to a wide array of litigation. Our experienced litigators have successfully represented parties on both sides of such probate disputes.

Our Promise To Our Probate Litigation Clients

Whether we are assisting with a family law case, an appeal of a civil lawsuit or a business dispute that requires litigation, our lawyers at Wuliger & Wuliger have a personal rapport with our clients. This allows us to build dynamic probate solutions to protect our clients’ wishes and adapt over time as family and financial situations evolve.

Frequently Asked Questions About Probate Litigation 

Do you have questions about probate litigation? Find your answers below:

What are the grounds for contesting a will in Ohio?

It is essential to have grounds – which are a reason that the law recognizes as valid – to successfully challenge a will in Ohio. Some of the most common grounds to challenge a will include:

• Multiple wills: The testator may have left several wills that contradict the testator’s last wishes. 
• Forgery: The contents of a will or the testator’s signature may have been forged.
• Mental capacity: There may be evidence that the testator lacked testamentary capacity to understand the contents of their will.
• Undue influence: A beneficiary may have intentionally persuaded a testator to draft a will to their benefit.
• Improper execution: The executor of the estate may not be following state laws when executing the contents of a will. 

Our attorneys can help you understand if you have the appropriate standing and a valid claim.

How long do I have to challenge a will?

The statute of limitations to contest a will in Ohio is typically three months from the date the executor filed a certificate of notice with the probate court. Failing to file a claim before this deadline can make it difficult to contest a will. Our attorneys can help you file a claim within critical deadlines.

How can a lawyer help if I suspect the executor is mishandling the estate?

It can be very difficult to determine if an executor is mishandling an estate without an attorney’s guidance. An attorney can help you document the suspected misconduct, facilitate mediation if there is a possibility that any disputes can be resolved that way, push for a formal accounting to investigate further and – if a breach of the executor’s duties are found – file litigation to ask the court to remove and replace the executor with someone else. 

How can your firm help me navigate a sensitive family dispute over an inheritance?

A family dispute can lead to a lot of tension, difficulties and lifelong resentment. Our attorneys take a gentle but firm approach when handling inheritance disputes. With over 10 years of experience, our attorneys have extensive experience handling sensitive estate execution disputes.  

Speak With A Cleveland Estate Administration And Probate Lawyer

Let us help you plan for a successful future. Our tenacious estate planning lawyers are available for initial consultations, where you can ask questions and get suggestions for next steps. To schedule an appointment, call us at 216-781-7777. You can also reach out to us by sending a message through our website.