Trusted Southern Ohio Attorneys

Probate trouble is not always between families

On Behalf of | Jul 8, 2024 | Estate Planning

When Southern Ohio residents hear about estates getting hung up in probate or trust battles, their first thought may be of squabbles between family members who feel like their loved one’s estate plan is not fair.

Intra-family strife is a common cause of probate litigation. However, it is not the only reason that a person in the greater Cincinnati area might need to protect their interest in their loved one’s will or trust. Here are a few examples:

  • Some people may choose to appoint a non-family member or even a financial institution as a personal representative or trustee. Family members may disagree with how this person or business is handling the estate.
  • Sometimes, a person may have allegedly promised a gift or bequest to their favorite charity. The charity may feel they are entitled to a share in an estate or trust, but the family believes otherwise.
  • Elder fraud and exploitation is an ongoing problem. A third party may interfere and manipulate a family’s loved one into making estate decisions they otherwise would never have made.
  • Government authorities, lenders or business affiliates may attempt to claim some of the estate’s property.
  • Through the process set out under Ohio law, these and others may file claims against an estate. If valid, these claims must be paid before the estate’s beneficiaries get their share of the property. People and businesses have broad authority to submit claims so long as they do so within the time allowed. There may be disputes about whether these claims are valid or over how much the estate owes.

Whatever the reason for a probate dispute, Butler County residents have options

Even when members of a family are all on the same page about an estate, legal trouble can still come from several directions.

Whatever the cause, a Butler County resident caught in the middle of a dispute over a trust or estate should make sure they understand their options and alternatives.