After a person dies with a last will and testament in Ohio and elsewhere, their will is introduced into probate. Typically, what happens next is that the probate court distributes the assets of the deceased according to the will in addition to resolving any other probate disputes. However, it is also up to the court to validate the will, and it is not unusual for a dispute to arise regarding its authenticity.

Reportedly, one such dispute arose in an incident involving the last will and testament of a deceased 93-year-old Ohio woman. The woman died with an estate worth $750,000, and supposedly changed her will in 2008 to leave the entirety of it to her 67-year-old financial adviser. However, the beneficiaries under the woman's previous will, including friends, the Holy Family Cancer Home and Save-A-Pet, suspected foul play.

They brought their case before a Cuyahoga County court in Ohio, alleging that the late woman's financial adviser had improperly altered the will. That case was resolved with a $75,000 settlement to the financial adviser, although the exact details of the case and the terms of the settlement were not available from a local news report. Nevertheless, in a second case brought before the Cuyahoga County Common Pleas Court, the advisor was found guilty on Jan. 17 of tampering with records, perjury and attempted theft.

Unfortunately, the case merely underscores how some people will use a position of power over an elderly person to their own personal advantage. For those who suspect that a will has been tampered with, or if questions otherwise exist regarding the terms of a will, the Ohio court system is available to adjudicate any competing claims. In this case, the beneficiaries of a past will were able to successfully present their claim in court and bring their probate dispute to a favorable conclusion.

Source: Cleveland Plain Dealer, "Sentencings, arraignments and a trial in Cuyahoga County: Court watch," Donna J. Miller, Jan. 19, 2012