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
  • 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.

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