Probating an estate involves filing a decedent's will with the Probate Court and ensuring that the decedent's wishes concerning the disposition of his or her property are carried out. That process does not always go smoothly, however, because parties with claims against the estate sometimes file lawsuits in Probate Court. What might otherwise be routine probate procedures become matters that are decided by Judge or a jury, including a determination of the validity of the claims, the will, or even the distribution of assets. When this happens, we can help.

Our Clients
Our clients include individuals, financial institutions, families, non-profit organizations, and creditors who need to litigate in Probate Court in order to protect their rights. Many of our clients are referrals from other attorneys and financial advisors. When we are dealing with referrals from other professionals, if ethically permitted to do so, we will include the referring professional in the litigation-planning and decision-making processes. Our goal in these instances is to handle the cases efficiently and aggressively and return the client to our referral source.

Your Lawyers
We are aggressive trial lawyers experienced in Probate Court litigation. We have the highest ethics. We have represented clients in hearings and trials in Probate Courts throughout the State of Ohio in disputes involving wills and trusts, probate fraud, abuse of powers of attorney, guardianships, creditor claims, and pre-death gifts. We have also defended executors and trustees. Because of our combined Court experience totaling over 50 years, we are typically able to evaluate the merit of a claim early and determine with you the best approach to be taken in Court.

Because we know litigation in Probate Court can be expensive and emotionally difficult, we will work closely with you to create the best litigation plan possible. With your agreement, we may depose family members, neighbors, and friends, as well as professionals such as accountants, doctors, and lawyers. Where appropriate, we will subpoena financial and medical records and, if necessary, retain experts in document examination. Because Probate Litigation involves families as well as personal and business relationships that may continue after Court, we treat all of our client matters as highly confidential and sensitive. At each step, you are consulted and made a part of the decision-making process.

Alternative Dispute Resolution
Mediation is a form of dispute resolution that is an alternative to litigating in Court. Mediation can be quicker, less expensive, and less emotionally draining than trial if both sides of the dispute truly want to mediate and if a skilled mediator is involved. Because of the number of legal issues in Probate Court that may be difficult to prove without evidence, some cases cannot be mediated until evidence has been exchanged. We will always recommend mediation if it is in our client's best interest because, in addition to providing a resolution, it allows for maintaining confidentiality.

Legal Fees and Expenses
Fees for most of our legal representation are determined based upon hourly rates, billed in one-tenth hour increments, with all costs and expenses agreed in advance by you. But we are willing to handle, and have handled, matters on a contingency fee basis. Because in contingency fee cases there is no legal fee unless there is a recovery, not every case can be handled in this way. Regardless of the fee arrangement agreed upon, it will be put in writing for you following our first meeting.