Skilled Ohio Probate Litigation Attorneys
Representing plaintiffs and defendants in estate disputes since 1984
At Law Office of Richard Kolb, LLC, I understand the hurt clients feel during an estate dispute. Emotions run high. Clients have told me: “I wake up in the middle of the night wondering what I did wrong,” and “I feel like I have been thrown off a 10 story building by my own family.” I try to provide sympathetic assistance during hard times. I have an informal personality and make every effort to use non-technical words when discussing matters with my clients.
- Has an elderly person been subject to financial abuse?
- Has a second spouse become sole beneficiary of a will or trust, to the exclusion of a child?
- Did one of the children end up with it all to the exclusion of other children?
- A caretaker used his/her position to become a beneficiary of an estate.
- A will, trust, or financial account was changed “unfairly” to exclude you.
- Were questionable “gifts” made before a relative died?
- Are there missing assets that should be in the estate?
If you have been asking yourself these questions or are experiencing one of these situations, it is time to seek representation and my law office can help.
Ohio will competency and undue influence litigator
I have worked on cases dealing with several of the legal theories involved in challenging a will or trust. The most common legal theory is “undue influence”. Undue influence is where a person is pressured by another to sign a will or trust that does not represent his true wishes. I have written an article on this topic titled “How to Identify and Prove Undue Influence.”
A second common legal theory is “lack of capacity” (sometimes called “incompetency”). Most people understand incompetency. Other legal theories for challenging a will or trust are “fraud” and “duress”,”. Fraud involves telling an untruth and duress involves a threat.
Experienced probate lawyer in Toledo serving clients in Ohio
I am one of only a small number of Ohio attorneys who has actually tried a large number of probate disputes. Also, I am one of only a small number of Ohio attorneys who take these cases on a contingency or blended fee basis. I see cases through to their completion. Probate disputes are the sole focus of my law practice; I do not practice in any other area of the law. My probate litigation practice deals with:
- Second spouse disputes
- Trust and will constructions
- Breaches of fiduciary duty
- Concealment of assets
- Inheritance enforcement
My niche as a probate litigation lawyer is based on over 35 years of experience litigating estate disputes as well as my years of handling estate administrations and drafting documents. My willingness to take cases on a contingency fee basis is beneficial to clients who cannot afford to pay an attorney at an hourly rate.
A skilled approach to your probate litigation case
Since probate litigation cases are very fact intensive, I have developed a system of obtaining comprehensive information from my clients and witnesses which includes:
- Speaking to clients to assess your case.
- Personal meetings when your schedule allows; or we can review the case via phone.
- ⦁ Information gathering from my client through a questionnaire and from the other side through interrogatories (written questions) and requests for documents.
- Obtain and review the decedent’s medical records.
- Subpoena relevant documents such as lawyer’s notes, financial records, and tax returns.
- Depositions of potential witnesses, including opposing parties, attorneys and other persons with knowledge of your case. I have taken hundreds of depositions and this is often where you make or break your case.
There are similar fact patterns in probate litigation cases and I am very familiar with them. My knowledge of these patterns helps me to ask the right questions in order to – support your case.
Contact a dedicated Ohio probate litigation attorney
If you would like to discuss ways I can help you, please call 419-244-3006 or contact me online to schedule a free initial consultation in person or by phone.. I keep flexible hours and can speak to you in the evening as well.