Contested Wills in Canton, Ohio

Find the right Contested Wills attorney in Canton, OH

It is possible, in Canton, Ohio, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Sometimes, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for instance). This might lead them to assume, correctly or not, that the will was a mistake.

If the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the main reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Canton, Ohio?

Of course, a Canton, Ohio court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be truly voluntary unless the testator knows what they're doing. Accordingly, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

If a Canton, Ohio will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Canton, Ohio Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a good Canton, Ohio attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Canton

Canton is located in northeast Ohio. Specifically it is south of Akron, and is a part of Stark County. Per the 2010 census, it has a population of 73,007 people. Surrounding areas include Youngstown, Mahoning County, and Nimishillen Creek.

Popular sites in Canton include the Pro Football Hall of Fame, McKinley National Memorial, First Ladies National Historic Site, and the William McKinley Presidential Library and Museum.

Top employers include LTV Steel, Hoover Company, the Whirpool Corporation, and Balden Brick Company. There are also many small law firms and law offices located in Canton. Via these firms and offices, excellent attorneys are trained to handle all the legal needs of residents and businesses.

Overall, Canton is a wonderful place to visit and live!

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