Pitcairn, PA asked in Estate Planning, Family Law, Civil Litigation and Probate for Ohio

Q: My Father passed away back in April 2020. He had a will done and a Trust done after my Mother passed away back in 2012.

The attorney that did my Fathers will and Trust is a close friend of my brother. I have 2 brothers and 3 sisters. I just recently found out from this same brother that he and my other brother and 2 of my sisters went with my Dad to get his will and Trust done. My 2 sisters that were there were put in charge. One was appointed Executrix of his Estate and the other was appointed Trustee of his Trust. Also the Executrix is listed as the Trust advisor in the Trust and the Trustee is listed as a vested beneficiary in the will. Both the will and the Trust favor my 2 sisters heavily. The trust allows them to do whatever they want with the personal property. There is a no contest clause in both the will and the trust. The Trust also states that if I as a beneficiary of the Trust sue either the Trustee or the Trust advisor that I would be responsible for their legal fees. My question is can anything be done? Since they were all with my Father wouldn't that be a case of undue influence?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Use the Find a Lawyer tab to retain a local attorney who handles trusts and estates to review the situation and advise you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.