Contesting a Trust Attorney in Ohio

Contesting a trust in Ohio

A trust is a formal agreement allowing one party (grantor) to transfer ownership of their property to another individual (trustee) with legal title to the said property but only to benefit the former’s beneficiaries.

It is essential to estate planning and not just for the super-wealthy. This arrangement gives you control over who gets what, when and how they get it, and why. Most importantly, trusts are crucial for avoiding probate, allowing asset distribution outside the court’s purview, and saving time and money.

However, even the most meticulously planned trust could end up in court for one reason or another if someone has reasons to contest it.

Who can contest a trust in Ohio?

In Ohio, anyone can contest a trust provided they have legal standing and valid reasons. Legal standing simply means you have a financial interest that the trust’s execution would impact. Your role in this process is crucial, and we are here to guide you every step of the way.

Individuals with legal standing include:

• Beneficiaries. Individuals assigned assets in the trust document
• Heirs. Individuals entitled to inherit from the deceased
• Creditors.Individuals who lend money to the grantor
• Trustees and successor trustees

Reasons for contesting a trust

If you have legal standing in a trust, we recommend doing your homework to determine how its outcome will impact you. Some of the reasons you might want to contest the arrangement include:

• Mistakes. We are talking about trust documents that do not reflect the deceased’s true intentions because of obvious errors such as misspelled beneficiary names, signature mismatches, incorrect distribution amounts, or even the omission of an intended recipient.
• Undue influence. If you suspect that someone took advantage of the grantor’s state of mind or used coercion and threats to force them to change the trust’s terms in their favor
• Lack of capacity. We are discussing discoveries that the grantor was mentally unfit to create or change the trust when it was signed.
• Ambiguous wording. If the trust instructions are too complex for your team, it’s wise to seek the court’s interpretation.
• Breach of fiduciary. If you suspect that the trustee may have acted negligently or is not prioritizing the needs of beneficiaries

Regardless of your reasons for contesting a trust, the guidance and support of a competent lawyer are crucial. Probate litigation cases, such as siblings contesting a trust, are complex, involving intricate family dynamics, legal jargon, statutes of limitations, and a burden of proof requirement. A good lawyer can navigate these complexities, guide you through the process, and fight for your rightful inheritance.

Steps involved in contesting a trust in Ohio:

Initial consultation

The initial step in contesting a trust in Ohio involves consultation and case evaluation. Our attorneys will meet with individuals or siblings contesting a trust to assess the situation, including the details about the trust, the subject’s relationship to the grantor, and the reasons for contesting. Once we determine the legal merits of your case, we’ll discuss your options and potential risks and rewards.

Investigation

If you have a case, we’ll proceed with the investigation and research to collect and prepare evidence. Trust litigation cases involve statutes of limitations, so it’s best you get in touch as soon as you believe you have a case so we can start the process early. Rest assured, our thorough investigation will leave no stone unturned in building a strong case for you.

Some crucial evidence we try to get our hands on include:

• The trust document
• Copies of the grantor’s actual signature
• Financial documents
• Medical records supporting claims of incapacitation
• Witness statements
• Electronic correspondence such as text messages, emails, etc

Pleading the case

This is when both sides submit their legal filings in court. We will outline your claims and their specific legal grounds. Each claim is an independent cause of action based on the abovementioned legal grounds. The case kicks off once the pleadings have been made.

Discovery

Discovery is when we exchange information with the defense side. We will submit requests for documents and depositions to gather evidence from the trustee and other parties involved. The defense is welcome to do the same should they need to. It’s an excellent opportunity to discover the merits and demerits of the defense’s arguments. We may also request that specific evidence be admitted in court.

Witness deposition

We may also depose expert witnesses during discovery. These are people who can provide expert opinions on a variety of subjects to help your case. They include:

• Handwriting analysis experts
• Medical professionals
• Health experts
• Forensic accountants

Negotiation and mediation

We love a good negotiation and mediation endeavor because it means we can settle your dispute without the court’s intervention and spare you a long, often stressful, and expensive trial. However, successful negotiation and mediation require both parties to be open-minded to each other’s concerns and arguments and willing to compromise. The advantage is that you are less likely to end on bitter terms with the defendant.

If negotiations and mediation fail, we will proceed with the trial and present your evidence and arguments to the judge. This involves a lot of arguing and advocating to convince the judge of the validity of your case.

The trial can be anywhere from a few days to several months, depending on the structure of your case and the cooperation of witnesses and defendants. There’s also the fact that the court may not even schedule the case over consecutive days.

Judgment and appeal

Following the conclusion of the presentations, the judge will review the evidence and facts for a month and then make a ruling on the validity of the trust or its management. If either side is unhappy with the outcome, they may have the right to appeal the decision to a higher court.

In any case, we will provide support and guidance and even direct you towards resources and support groups to help you cope with this stressful process.

How much does it cost to contest a trust?  

In Ohio, the cost of contesting a trust varies depending on the complexity of the case, the attorney’s experience, and the duration of the case.

• Attorney fees. Depending on your attorney, you may have to pay an hourly fee or a one-time flat payment.
• Court fees. We discuss filing fees, legal research, and expert witness testimony costs.

What is the statute of limitations on contesting trusts in Ohio?

Many states have statutes of limitations on civil cases such as trust litigation. Simply put, the provisions allow plaintiffs to launch cases within specified time frames, ensuring individuals pursue legal action. At the same time, they still remember the facts of their case, leading to a speedy resolution of matters while also protecting trust and trustees from never-ending suits.

Here are the parts of the Ohio Revised Code that deal with the statute of limitations on contesting trusts:

• Revocable Trust. Section 5806.04 of the Revised Code applies specifically to revocable trusts that become irrevocable upon the grantor’s death. In this case, you can have up to six months from the date of notification about the existence of the trust and your right to contest it to formalize your claim. If you do not receive notification early, you have up to two years from the grantor’s date of death to contest the trust.
• Breach of Trust. Unlike contesting a trust, suing for breach of fiduciary has a two-year statute of limitation from when you discover the potential breach or should have reasonably discovered the breach.

Does one have to wait until notification to contest their trust?

Not really; you can formalize your claim anytime following the passing of the grantor, provided you have legal standing, valid reason(s), and a copy of the trust document itself. Most cases are filed after statutory notification only because it’s through such a process (notification) that most heirs, beneficiaries, and creditors learn about a deceased’s trusts.

In real talk, contesting a trust involves a lot of legal complexities and requirements. If you know about the existence of trust and have valid reasons to challenge it, start the process early. This will give your legal team ample time to prepare a strong case and meet the statute of limitations for your claim. Call our office today for a free consultation so you can learn about your options and start preparing for litigation if necessary.