Trusted Southern Ohio Attorneys

What issues might you encounter during the probate process?

On Behalf of | Nov 24, 2023 | Estate Planning

The probate process is something that not many people think about until they deal with it. After the death of a loved one, surviving family members are typically the ones who need to go through the probate process, and they become very familiar with the legal terms that deal with the identification, collection and distribution of the deceased person’s estate.

Getting through probate

Our readers in Ohio may believe that dealing with a deceased loved one’s estate should be simple enough – in most cases, probably, it is just the person’s surviving spouse and children who will inherit estate assets.

And they are typically in agreement on the legal issues. And, usually, that is the case. Unless the deceased person had an estate plan that included trusts and other estate planning devices that attempt to completely bypass the probate process, this is a legal path that must be followed.

There are several potential issues that could complicate things even more than you think in the probate process. For example, beneficiaries may disagree about the deceased person’s will – its terms, construction and interpretation.

Or, while identifying assets and debts, beneficiaries may find discrepancies that they never foresaw. In more contentious probate disagreements, issues could arise over the validity of the will itself: Did someone have “undue influence” over the deceased person as the will was drafted? Did the deceased person have the appropriate “testamentary capacity” to make the will? Was the will executed properly?

If you are getting ready to go through the probate process in Ohio, you need to be ready for any issues that might come up as the case plays out. Be prepared to respond and educate yourself about all of your available options.