Contested Estates

Adam represents clients throughout Ohio courts in probate litigation. Litigation
generally entails contesting a will, trust, or the actions or appointment of a
personal representative. When a loved one passes away, the last thing you
want is to end up in court. Unfortunately, there are times when probate
litigation is necessary. Adam’s extensive knowledge of probate law and fierce
litigating skills, ensuring that your probate proceedings will be handled as
efficiently as possible.

Our experienced probate attorneys can provide assistance dealing with
issues related to:

• Challenges to the handling of probate administration
• Challenges to the handing of a trust
• Challenges to the validity of a will
• Challenges to claims of undue influence or incapacity
• Challenges of interference of inheritance rights
• Challenges of trustee misconduct or fraud allegations
• Challenges of interpreting ambiguous or complicated language in a
• will
• Challenges of creditor disputes and the distribution of debt

Representative Cases

Fields v. Brackney – Adam successfully advocated on behalf of three sisters who had been
effectively written out of their father’s will. They brought suit against the estate’s executor, their
brother. Their father had been suffering from mental issues and their brother used a power of
attorney to manipulate finances and give significant gifts to himself.

Darden v. Russell – After her father died, our client learned that her sister had manipulated her
aged to re-write his will to disinherit our client. We brought suit and were able to prove with
medical records and eye-witnesses that the father was incompetent and was being unduly influenced by her sister. On the eve of trial, the defendant agreed to disallow the new will and to
allow the father’s estate to pass according to his prior will.

Byars v. Byars – After their mother died, siblings learned that their brother had supposedly
convinced their mother to sign a deed gifting him her house just before she died. Not only were
we able to convince the court that the mother did not actually sign the deed, but there was no
evidence that the mother had directed the deed signed. The house was ordered to be distributed
between all the children.