Experienced Probate Litigation Lawyers in Cleveland
Zealous advocacy within the Ohio probate courts
After the death of a loved one, the probate process may prove particularly challenging. Unfortunately, elevated emotions can lead to a highly contentious dispute regarding the distribution of money and property. Whether you are challenging a will or attempting to defend one, an experienced probate attorney provides the comprehensive representation your case requires. At Gertsburg Licata, our team of skilled attorneys zealously advocates for your best interests.
Successfully litigating probate disputes
Probate is a legal process where the courts oversee distribution of a decedent’s estate. If there is a will in place, the court usually follows its instructions for distribution. If there is no will, the courts follow state succession laws. Probate litigation may become necessary if an interested party challenges the will or state succession guidelines. At Gertsburg Licata, we help clients file probate challenges for various reasons, including:
- Lack of mental capacity. This allegation commonly arises in a situation where the decedent wrote the will while suffering from an incapacitating condition like dementia or insanity.
- Fraudulent activity. This allegation commonly arises in a situation where a vulnerable testator was manipulated by another individual. It also applies in situations of alleged forgery.
- Insufficient witnessing. The state requires the presence of witnesses when a will is executed. If the required number of witness signatures is not present, an interested party may have grounds to challenge the will.
- Replacement will. This claim arises when there is evidence of a more recently executed will.
A knowledgeable Cleveland probate litigation attorney walks interested parties through the process of challenging a will within the Ohio probate courts. This may require full-blown litigation to include the introduction of evidence and questioning of witnesses.
Aggressively defending against probate challenges
At our firm, we also assist clients seeking to uphold the validity of a will within the probate courts. Our experienced attorneys have represented the following interested parties:
- This individual manages distribution of the estate under the oversight of the probate court. An executor is designated by the will.
- This individual manages distribution when no executor is named. The probate court designates an administrator.
- Individuals receiving an inheritance from the deceased are classified as beneficiaries.
Skilled Cleveland probate lawyers diligently work to defend the final wishes of the descendant, ensuring that distribution of the estate is carried out as stated in the will. We provide probate clients with reliable representation they can trust.
Trust your probate litigation needs to a trustworthy and committed Cleveland law firm.
The attorneys of Gertsburg Licata provide our clients with years of probate litigation experience. We ensure that each of our probate clients receives quality representation from attorneys who are dedicated to their interests. Our team proudly provides estate-planning services to the residents of Cleveland, Ohio. Contact our office today at 216-573-6000 or complete our contact form to schedule a consultation.