Dayton Probate Litigation Lawyers
The legal mechanisms for settling the estate of a deceased person is referred to as the probate process. While the hope is that things will go smoothly, the reality is that sometimes heirs and potential heirs have disputes over whether the deceased’s real wishes are being accurately carried out. When that happens, it’s important to have counsel who understands not just probate, but how to litigate a dispute in a court.
The Dayton probate litigation lawyers at Arnold & Arnold, Ltd. have been helping clients deal with thorny legal issues since 2012. They serve all of Montgomery County and Greene County, and people come from as far as Warren, Clark, and Miami counties. Dependable, studious, and reliable, the husband-and-wife team of Attorney Adam Arnold and Attorney Kristin Arnold, understand the probate process and they aren’t afraid to go to trial when necessary.
Reliable Counsel You Can Trust
The time after a loved one’s death is often painful for all concerned, and dealing with legal details can be about the last thing people want to do. They need to know their lawyer has a thorough understanding of the probate process and combines that with experienced in litigation, should a dispute arise. Arnold & Arnold, Ltd. offers that reliability people are depending on.
Call us at (937) 888-2909 or contact us online to set up a free consultation.
The Ohio Probate Process
There’s a common misperception that having last will and testament in place will alleviate the need for heirs to go to probate. That’s not the case. While having a will can certainly make probate easier, the only way to avoid the process entirely is to set up a trust.
Even with a clear-cut will, and no disputes among heirs, probate can still be a painstaking process. The probate executor must gather all of the deceased’s assets and set up a bank account in the estate’s name. They must publish a notification of death in local newspapers, so as to allow creditors to come forward. All outstanding debts must be settled by the estate. The probate executor must locate all the heirs and distribute the inheritance.
All of this is presuming there is a will and there no disputes. In other words, that everything runs smoothly. But as we all know, life doesn’t always go smoothly.
Get the help you need with our Dayton probate litigation attorneys. Call us at (937) 888-2909 or fill out our online contact form to arrange for a free consultation. Payment plans available.
Legal Issues That May Arise in Probate
The administration of every estate will be different because every family is different. But there are some common legal issues that a lawyer must be prepared for…
Is the will really clear-cut? When a will is not drafted by an experienced lawyer, the language might not be entirely clear. The will might be outdated, especially if the deceased’s financial situation has dramatically changed since the initial drafting. This can leave dispute over how assets should be distributed. The probate executor has to decide—but jilted heirs may well take the case to court.
Is the will valid? An heir that didn’t get all they expected—or anything at all—might believe that the deceased could not have been in sound mind and body when they made the will. Or that the deceased was otherwise manipulated into what they put down on paper. It’s important to note, in this context, that people are not required to have an attorney draft their will. But when a will has not been properly reviewed and witnessed to by legal counsel, the case for an invalid will can become stronger. And that case can end up litigated in court.
A direct challenge to the executor: The role of executor involves serious legal obligations, from paying off debts to paying taxes and getting heirs what they were bequeathed. There are times when those heirs do not believe this important job is being handled well. When that happens, they can take legal action and the executor may need a Dayton probate litigation lawyer to protect their authority.
Call the office at (937) 888-2909 or reach out online to set up a free consultation.
Five-Star SERVICEOur Past Clients Have a Lot to Say ABout their Experience With us
Best Legal Representation in Dayton
“They are supportive and have a great staff at the firm. Best legal representation in Dayton!”
They Always Respond to Calls
“Extremely knowledgeable about law...they always respond to calls and are extremely personable.”
Fresh Take on the Traditional
“What I like about Adam is his willingness to look at something and say "what if" or "how can we do that?"”
Helped Me Immensely
“Mr. Arnold provided me with invaluable legal assistance... I have peace of mind thanks to his knowledge, experience, and professionalism.”
Upbeat & Excellently Prepared
“Adam was excellent in preparing for the court process. He was very upbeat and professional at all times.”
We Have Experience
Our team has years of experience advocating for our clients, in the courtroom and around the negotiating table.
We Actually Listen
We're client-focused, and what you say means something to us. We'll tailor your representation to your actual needs.
We Go to Trial
We don't shy away from the courtroom, and you can count on us to represent you with confidence if your case comes to a trial.
We Get Results
When it matters most, you want a firm that wins. It comes down to this - results matter, and we do whatever it takes to best serve you.