Contested Wills in Parma, Ohio

Find the right Contested Wills attorney in Parma, OH

It is allowed, in Parma, 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 a lot of money, or some particularly valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is really true or not.

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Parma, Ohio?

There are several reasons that a Parma, Ohio court might hold a will to be invalid.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are usually made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Further, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If a Parma, Ohio will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, 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 Parma, Ohio Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A brilliant lawyer in Parma, Ohio can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Parma

Parma, Ohio is a city in Cuyahoga County. It is a suburb of Cleveland. It currently has a population of about 84,000 people.

Parma is located southwest of Cleveland, and directly borders the city. Parma, Ohio was founded in 1826, by settlers from New York. Parma, Ohio was named after a city in New York of the same name, and likely came from the popular fascination with classical Italian culture that existed at the time. Through the rest of the 19th century, Parma remained rural, with its economy largely based on agriculture. Parma saw an explosion in population and economic growth after World War Two, when a major exodus from cities into newly-created residential suburbs was well underway. This was fueled mostly by increased consumer purchasing power created by the economic boom, as well as apprehension about living in major cities during the Cold War.

Modernly, Parma maintains its suburban character, and is largely a bedroom community for Cleveland.

If you live in Parma, Ohio and need an attorney, there's a good chance you'll be able to find one. Parma, Ohio attorneys are very competent and well-rounded. A Parma, Ohio lawyer can probably handle just about any legal issue you might have.

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