What Are the Risks If You Contest a Will and Lose?

September 29th, 2026

You think something is wrong with a loved one’s Will. Maybe a sibling inherited everything after years of estrangement, or a parent’s signature looks different than you remember. You may consider a Will contest. But before taking legal action, you must understand the significant risk of challenging a Will and losing. In Ohio, if you contest a will and lose, it can mean walking away empty-handed and having to pay the estate’s legal bills for defending against the Will contest.

Key Takeaways:

  • A Will contest is a formal legal challenge to the validity of a deceased person’s Will. A person cannot challenge a Will simply because they are unhappy with their inheritance. They must have standing and legal grounds to challenge a Will.
  • Common reasons for challenging a Will include lack of testamentary capacity, undue influence, fraud or forgery, and improper execution.
  • A no-contest clause punishes someone who unsuccessfully challenges a Will by requiring that they forfeit their claim to any share of the estate. Ohio strictly enforces no-contest clauses and does not allow an exception for a good… Read More

What is Self-Dealing By an Executor?

July 27th, 2026

When a person dies, their estate is managed by an estate representative. This individual handles the deceased person’s final affairs and has a legal duty to act in the best interests of the estate and its beneficiaries.

An estate representative who misuses or abuses their position for self-gain engages in “self-dealing.” Self-dealing is a serious breach of the estate executor’s fiduciary duty that undermines the integrity of the probate process and is a betrayal of trust.

Estate Executor Self-Dealing Explained

The estate representative (an estate executor if the deceased person had a Will, or an estate administrator if the deceased person died without a Will) has a fiduciary duty to act in the best interests of the estate and its beneficiaries. Self-dealing occurs when an estate representative uses their position of authority for personal gain rather than to benefit the estate.

What Are Examples of Self-Dealing by an Estate Executor?

While an estate representative has some discretion in managing estate assets, as a fiduciary, they are legally obligated to act in the best interest of the estate. Examples of actions that might cons… Read More

What If the Original Will Cannot Be Found?

June 1st, 2026

We increasingly live in a world of e-signatures, digital contracts, and records stored in the cloud. Buying a home, opening a brokerage account, or signing a lease can all be done electronically. This shift has been so seamless and convenient that many people naturally assume the same rules apply to legal documents. While that may be true in some cases, it does not apply to a Last Will and Testament.

A Will is one of the last paper-dependent legal documents. You can scan it, email it, and save a copy to the cloud, but when the time comes to open an estate in probate court, only the original document, signed by the testator and two witnesses, will do.

The Probate Court Only Accepts Original Documents

When it comes time to probate a Will, the court will only accept the signed original, signed by two witnesses. If you try to submit a copy, the court will likely reject the Will and proceed as if no Will ever existed.

In Cases of a Lost Will, Courts Expect an Exhaustive Search

When a loved one passes away, one of the most important items you will need to address is locating the original Will. If the original Will cannot be located, the court… Read More