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Probate Litigation

Probate Litigation

Estate and probate litigation is a particularly sensitive area of law, often involving painful disputes between family members. The probate court interprets the intent of those who are deceased or unable to communicate effectively.

At the Zamary Law Firm, attorneys from our Cincinnati probate litigation practice provide representation designed to resolve disputes economically, producing the least stress possible. We are experienced trial lawyers, well-equipped to protect our clients’ interests during will contests, challenges to prenuptial agreements, and other disputes under Ohio probate courts.

In some cases, our primary objective as attorneys is to establish the intent of the grantor of a trust or the person who executed a will or trust, and whether there has been duress, undue influence, or coercion. In cases involving intestacy (when the owner of the estate dies without a will) we represent heirs in their claims for inheritance. We handle a full range of estate disputes and other issues under the probate court, including those involving:

  • Will and trust contests
  • Intestacy issues
  • Authenticity of a will
  • Validity of a will
  • Executor or trustee misconduct
  • Inheritance disputes involving intestate succession
  • Contested transfers, gifts, and bequests by a deceased person before death
  • Guardianship disputes
  • Elder care and beneficiary contests
  • Contested estates and guardianships
  • Enforceability of prenuptial agreements
  • Claims of undue influence and incompetency
  • Claims of fraud, duress, improper administration or mistake in estate administration
  • Improper payment of estate creditors
  • Improper distribution or investment of assets
  • Accounting disputes
  • Competency issues
  • Breach of fiduciary duty in management of a trust

The statute of limitations in Ohio allows only a short period of time for filing a motion to prevent distribution of assets. If you have noticed assets disappearing, suspect a vulnerable adult is being unduly influenced, or have a concern about the interpretation of administration of a will, trust, or inheritance, and would like to speak with a member of our probate litigation practice, please contact our Cincinnati office and arrange a consultation.

Related practices areas: estate planningwills and trustsprobate and estate administrationcharitable trusts and foundations