Fairview Park, OH asked in Probate for Ohio

Q: Should I sign beneficiary paperwork if I plan on contesting the % since the POA changed them to better her position?

POA (stepmom) reduced mine & brothers %s by 20% each & increased hers by 40%. Dad had altzheimers & couldn’t have made the decision at the time it was changed. Poa had authority with restrictions to follow estate plan.

Related Topics:
1 Lawyer Answer
Aaron Epling
Aaron Epling
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Your attorney should be answering this question for you. That said, I would probably go ahead and take the lower percentage. Once the litigation begins, the company distributing the money may freeze the account. And, you may need the money to help pay for the costs of litigation. But, even if you don't need the money, you don't want it to be frozen for years, and decreasing in value due to inflation, while awaiting the results of the litigation.

Additionally, you have a good argument here. You may even get a burden shift.

"In such a case, a presumption of undue influence arises, and the donee bears the burden going forward and showing, by a preponderance of the evidence, that the gift was free from undue influence."

Modie v. Andrews, C.A. NO. 19543, 2000 Ohio App. LEXIS 3333 (Ct. App. July 26, 2000)

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.