Estate Litigation Attorney in Cleveland

Estate Litigation Lawyer Serving Cuyahoga County, Lake County, & Lorain County

Law Offices of Daniel McGowan, LLC approaches estate litigation with a recognition that family disputes over inheritance require both aggressive advocacy and a nuanced understanding of probate procedure. When a beneficiary suspects that a will was signed under duress, or when a family member believes a fiduciary is mishandling estate funds, the intervention of a dedicated litigator becomes necessary. The firm manages the complex procedural landscape of the probate courts in Northeast Ohio, advocating for the rights of heirs, beneficiaries, and fiduciaries involved in high-stakes legal conflicts.

We focus on the specific statutory grounds for relief found in the Ohio Revised Code. Unlike general practice firms, our team possesses a deep understanding of the distinct rules of evidence and procedure that govern the Probate Division. Whether the matter involves a challenge to the validity of testamentary documents or a defense against accusations of malfeasance, we provide representation designed to protect your financial interests and uphold the true intent of the decedent.

Dealing with a will or trust dispute? Call (216) 616-7592 or connect with us online to consult with an estate litigation attorney in Cleveland who has local court knowledge.

Challenging the Validity of Wills & Trusts

A key component of our litigation practice is contesting wills and trusts. Under Ohio law, a Last Will and Testament is presumed valid once admitted to probate. To challenge that presumption, the contestant must present clear and convincing evidence that the testator lacked capacity or was subjected to undue influence. We conduct a comprehensive review of medical history, financial records, and witness testimony to build a persuasive case.

Common grounds for these challenges include “Undue Influence,” where a caregiver or family member exerts such control that the document reflects their wishes rather than the decedent’s intent. We also pursue claims based on “Lack of Testamentary Capacity,” working with medical professionals to demonstrate that the testator did not understand the nature of their assets or the natural objects of their bounty at the time of signing. These actions are subject to strict deadlines, typically requiring a complaint to be filed within three months of receiving the certificate of service of notice of probate of the will.

Holding Fiduciaries Accountable: Removal & Surcharge Actions

Executors, administrators, and trustees have a legal duty of loyalty and impartiality toward the beneficiaries they serve. When those obligations are breached, whether through self-dealing, embezzlement, or negligent asset management, we take decisive steps to remove the fiduciary and recover any misappropriated property. This process often includes filing a complaint for “Concealment of Assets” under Ohio Revised Code 2109.50, which authorizes the court to question the fiduciary and impose a 10% statutory penalty in addition to the recovered funds.

We advocate for beneficiaries seeking accountability through “Surcharge” actions, asking the court to require the fiduciary to repay losses caused by misconduct personally. At the same time, we defend fiduciaries against unfounded claims from disgruntled heirs, guiding them through complex accounting requirements and demonstrating compliance with the Ohio Trust Code and probate regulations. 

Defending the Surviving Spouse & Family Rights in an Estate Litigation Case

Ohio law provides specific protections for surviving spouses that a will or trust cannot easily override. We assist surviving spouses in exercising their "Elective Share" rights, which allow them to take a portion of the net estate even if they were disinherited in the decedent's will. Litigation often arises when calculating the value of the net estate, particularly when assets were transferred into a trust before death.

We also litigate disputes regarding the "Mansion House" rights and family allowances. In instances where a prenuptial agreement is contested, or where divorce proceedings were pending at the time of death, we navigate the intersection of domestic relations law and probate law to determine the rightful distribution of assets. Our goal is to secure the statutory entitlements of the surviving family members against aggressive creditors or hostile beneficiaries.

If you are facing a dispute over a will or trust, call (216) 616-7592 or contact us online to speak with an estate litigation lawyer in Cleveland who understands the local courts.